logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.03.14 2018가단503077
손해배상(건)
Text

1. The Defendant’s KRW 178,069,40 to the Plaintiffs, as well as 6% per annum from October 12, 2018 to March 14, 2019.

Reasons

Facts of recognition

On April 29, 2017, the Plaintiffs entered into a contract with the Defendant for the following construction works (hereinafter “instant construction works”), and agreed on the rate of liquidated damages for delay under the general terms and conditions of the contract for private construction works publicly notified by the Ministry of National Land. The rate of liquidated damages for delay is 1/1,000.

The name of a construction project: The date of commencement of a new construction project for D detached houses on May 2, 2017: The contract price on September 30, 2017 (which shall be under mutual agreement): 5,600,000 won per square year x additional special agreement on the area of construction.

3. Management expenses for the head office of the contractor shall be paid by settling accounts at 7% from the actual cost of construction.

The payment period of management expenses shall be paid in installments twice and the payment of remainder shall be made at the completion of cleaning.

4. The commencement shall be prepared simultaneously with the contract, and shall also begin on May 2, 2017 and complete occupancy from August 30, 2017.

From May 2, 2017 to October 13, 2017, the Plaintiffs paid the Defendant KRW 361,00,000 in total as the construction price of the instant case.

On October 18, 2017, at the Defendant’s request, the Plaintiffs paid KRW 3,667,600 directly to E, with the rent for temporary materials necessary for the instant construction, etc., and on May 4, 2018, the Plaintiffs paid KRW 2,00,000 to the said company as the rent for temporary materials.

On November 10, 2017, the Defendant: (a) suspended construction of reinforced concrete construction among the instant construction works; and (b) notified the Plaintiffs of the cancellation of construction contract on November 15, 2017 due to the Defendant’s discontinuance of construction works.

[Grounds for recognition] Each statement in Gap evidence Nos. 2, 3, 7, and 12 and whether the defendant filed a claim for return of advance payment as to the grounds for filing a claim for the entire pleadings, and whether the contract for construction of this case was rescinded, even though the defendant agreed to complete the construction of this case until August 30, 2017, and suspended construction on November 10, 2017, and the fact that the plaintiffs notified the termination of the contract for construction of this case on November 15, 2017 is as seen earlier.

Therefore, the plaintiffs' this case.

arrow