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(영문) 청주지방법원 2018.09.20 2017가단14451
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 31.2 million and the interest rate of KRW 15% per annum from January 18, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On January 18, 2017, the Plaintiff entered into a contract with the Defendant for a construction project on the second floor commercial building located in the Cheongju-gu Office D, for the construction cost of KRW 39 million, the commencement date, January 18, 2017, and February 28, 2017, for the completion date of the construction project.

(hereinafter “instant construction contract”). B.

The Defendant received the construction cost of KRW 17 million from the Plaintiff on January 19, 2017, KRW 17 million on February 16, 2017, KRW 10 million on February 16, 2017, and KRW 31.2 million on February 21, 2017, and suspended the construction work without a proper commencement.

C. On April 2017, the Plaintiff notified the Defendant of the termination of the contract on the grounds of the remaining nonperformance of construction works, and received a written estimate from other construction business operators that the contract requires construction cost of KRW 4,4150,00 ( KRW 6,200,000 + Electrical construction + KRW 6,200,000 + KRW 1.268,000 + Advertising KRW 5280,000 + KRW 4,240,000 + KRW 2,60,000 for gas conservation + KRW 2,000,000. The Defendant closed the business on December 31, 2017. The Defendant closed the business on or around December 31, 2017. The Defendant did not have any dispute with the grounds for recognition, Gap 1 through 5 (including the serial number, and the purport of each statement, evidence No. 1, and the purport of the entire pleadings.

2. Determination

A. According to the above facts of recognition of the effect of contract rescission, since the Plaintiff terminated the instant construction contract due to the discontinuance of construction by the Defendant, the Defendant is obligated to restore the contract to its original state and compensate the Plaintiff for the damages incurred therefrom.

B. 1 scope of restitution and compensation for damages filed by the Plaintiff on the part of its claim for damages equivalent to KRW 31.2 million, and the Plaintiff suffered damages exceeding KRW 31.2 million in full view of the above fact-finding. As such, the Defendant is obligated to pay damages for delay at the rate of KRW 31.2 million per annum from January 18, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment, according to the rate of KRW 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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