(영문) 서울동부지방법원 2014.11.21 2012가합12700

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(영문) 서울동부지방법원 2014.11.21 2012가합12700

손해배상(기)

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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 56,882,880 and KRW 56,670,530 among them, the Defendant (Counterclaim Defendant) from June 6, 2012.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 4, Gap evidence Nos. 7 and 33.

On October 5, 2011, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with respect to the construction of the instant building on the ground B (hereinafter “instant building”) between the Defendant and Ansan-gu, Ansan-gu (hereinafter “instant building”).

1. The construction work of building B root and new housing at the time the construction work is inside the name of the Corporation;

2. Construction place;

3. Date of October 4, 201 on March 15, 2012 from the date of completion: Value-added tax of 66,00,000 won for value-added tax of 726,00,000,000 won;

6. Contract bond: (Public space)

7. Prepaid money: (Public column); and

8. End payment: Payment made once within 15 days ( October 15, 201) after the contract of the contract amount (108,900,000 won): At the time of completion of 25 percent (181,500,000 won) of the contract amount (25 percent (181,50,000 won) of the contract amount: At the time of completion of 20 percent (145,200,000 won) of the contract amount at the time of completion of the creative work (20 percent (145,20,000 won) of the contract amount: At the time of completion of the interior work (145,20,000 won): At the time of completion of 20 percent (145,200,000 won): The contract amount at the time of completion of 20 percent (14,50,000 won) of the contract amount (within 14,200,000 won).

9. The item and quantity of the materials to be paid; 11. The rate of liquidated damages: 1/1,000 for liquidated damages: 1/1,000 for other matters: The remainder of the design cost and the amount of KRW 4 million for supervision shall be included in the construction cost.

[General Conditions for Contract for Private Construction Works] Article 4 of the Contract Bond (1) The defendant shall pay the contract bond stipulated in the contract to the plaintiff before the conclusion of the contract, in cash, etc.

Article 5 (1) Where a contract is terminated or terminated due to any cause referred to in the subparagraphs of Article 31 (1), the contract bond under Article 4 shall revert to the plaintiff.

In such cases, where the amount of damages following the cancellation or termination of a contract exceeds the contract bond, it shall be applied.

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