logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.25 2017가합19367
지체상금 청구의 소
Text

1. The Defendant’s KRW 177,474,100 for the Plaintiff and KRW 6% per annum from July 8, 2017 to October 25, 2018.

Reasons

1. Basic facts

A. On August 3, 2015, the Plaintiff ordered the Defendant to extend the “Class I neighborhood living facilities of the Co., Ltd. No. 171-2, 171-10, and 171-16 existing on the ground of the date of completion, which are located on December 4, 2015, for the purpose of expanding the construction cost of KRW 517,00,000, the rate of compensation for delay of KRW 3/1,00, and on December 4, 2015, and for the purpose of creating a site (hereinafter “instant construction”).

(hereinafter “instant contract”). (b)

The instant construction project consists of the primary construction project that expands the existing two buildings and the two existing buildings, and the two construction works that connects the two buildings. Of the construction cost of KRW 517,00,000, the first construction cost of KRW 361,900,000, and the second construction cost of KRW 155,100,000 is KRW 155,00.

C. The Defendant failed to complete the primary and secondary construction even after December 4, 2015, which is the completion date, and completed the primary construction on July 4, 2016.

As the Defendant failed to complete the secondary construction, on June 7, 2017, the Plaintiff notified the Defendant that he/she will terminate the instant contract if he/she could not complete the secondary construction by June 14, 2017, and the Defendant did not complete the secondary construction until June 22, 2017.

Accordingly, on July 6, 2017, the Plaintiff sent to the Defendant a certificate of content that the contract of this case is terminated, and the above certificate of content reaches the Defendant on July 7, 2017, and the contract of this case was rescinded on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, 11 (including each number, if any; hereinafter the same shall apply), Eul evidence 3, the appraisal result against appraiser A, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the primary construction was completed after the completion date of the primary construction and the secondary construction was not completed. As such, 231,254,100 won for the delay of the primary construction (=361,90,000 won for the primary construction x 3/1,000 x 3/1,0000 x 213 days for the completion date of the primary construction from December 5, 2015 to July 4, 2016, which is the date of completion of the primary construction) in accordance with the agreement on the liquidated damages for delay under the instant contract.

arrow