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(영문) 대전지방법원 2018.11.15 2016가합107862
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 62,270,833 to the Plaintiff (Counterclaim Defendant) and its related amount from October 10, 2018 to November 15, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

Plaintiff

On March 2, 2015, a church entered into a contract for the construction of a new building located in Dong-gu Daejeon (hereinafter “instant church building”) and Dong-gu Daejeon (hereinafter “instant first contract”) with C on March 2, 2015, and set the construction period from March 15, 2015 to October 15, 2015, the construction price of KRW 2,300,000,000, and the liquidated damages rate of KRW 0.1%.

Plaintiff

On April 23, 2015, the church entered into a contract for the construction of the instant church building and the building located in the Dong-gu Daejeon District E (hereinafter “instant secondary contract”) with the Defendant, and set the construction period as the statutory rate from April 29, 2015 to November 24, 2015.

Plaintiff

On October 1, 2015, the church and the Defendant limited the object of the instant secondary contract to the instant church building, concluded a contract to change the construction cost from KRW 2,300,000 to KRW 1,200,000,000. On November 20, 2015, the contract was concluded again to change the construction period of the instant secondary contract from April 29, 2015 to December 21, 2015.

(2) The Defendant completed the instant church building construction on December 23, 2015.

Plaintiff

On February 2016, the church and the defendant entered into a contract for the additional construction of stone and other days (hereinafter “instant additional construction”) on the instant church building, and thereafter the defendant completed the instant additional construction.

Plaintiff

B. On February 1, 2016, the church and C entered into a settlement agreement with respect to the instant modified contract and entered into a settlement agreement with the purport that the construction cost paid by February 1, 2016 is KRW 982,00,000 (including value added tax) and the remaining construction cost that should be paid by February 5, 2016 is KRW 338,00,000,000, and subparagraph 13-2 and subparagraph 13-2.

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