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(영문) 서울중앙지방법원 2019.07.23 2018가단51400
손해배상 등 청구의 소
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On June 8, 2017, the Plaintiff and the Appointor D, E, and F (hereinafter referred to as “Plaintiff, etc.”) who engage in the new construction and sales business of multi-households contracted to Defendant B Co., Ltd. (hereinafter “Defendant B”) for the new construction of multi-households with the six-story scale above the Seoul Songpa-gu Seoul Metropolitan Government ground (hereinafter “instant construction”) for the construction cost of KRW 645,00,000 (the total construction cost of KRW 712,00,000 from the total construction cost of KRW 712,00,000).

(hereinafter “instant contract”). (b)

The contract containing the contract of this case shall state the deadline for completion and the compensation for delay as follows:

1) Construction period: From the commencement date of approximately ten months: (a) June 25, 2017: (b) the completion date of construction on November 30, 2017: (c) the rate of liquidated damages for delay applied: Article 9 (2) of the Framework Act on Construction: (d) the general conditions of the standard contract for private construction works; (b) the commencement date and completion date of construction shall be the date specified in the contract. Article 27 (Compensation for Delay) (1) (1) “B” (Defendant B) shall pay to the Defendant C (hereinafter “Defendant C”) the amount calculated by multiplying the contract amount by the liquidated damages rate on the contract basis by the number of days per delay when the construction is not completed within the due date.

(D) On the other hand, on February 19, 2018, the Plaintiff et al. (agent H) and Defendant B signed and sealed the instant construction project in the document stating “construction cost settlement and agreement” (hereinafter “instant agreement”) on March 28, 2018.

The specific outline of its contents is as follows:

1. Contract amount: 712,00,000 won;

(a) Amount paid to the owner: 377,000,000 won;

(b) Additional works: 49,410,000 won;

(c) Unpaid construction cost: 384,410,000 won;

1. The unpaid construction cost shall be paid in the first order after completing a loan from a financial institution, and an agreement shall be reached so that the financial institution may receive it directly;

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