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(영문) 서울중앙지방법원 2014.01.09 2013가단42074
지체상금 등
Text

1. The Defendant’s KRW 17,424,00 for the Plaintiff and 5% per annum from March 7, 2013 to January 9, 2014.

Reasons

1. Basic facts

A. On September 18, 2012, the Defendant paid the Plaintiff KRW 264,00,00 for the construction cost of reinforced concrete construction among B construction works (hereinafter “instant construction works”) and the construction period by November 30, 2012, each of which was agreed to accept a subcontract (hereinafter “instant subcontract”), and 2/100 of the construction cost per day for delay if the Plaintiff is unable to observe the said construction period (hereinafter “instant subcontract”).

B. The Defendant is proceeding with the instant construction

On February 4, 2013, the Plaintiff suspended the construction work to the Defendant several times, but the Defendant did not comply with it, and the Plaintiff terminated the instant subcontract and directly completed the remaining construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, and the purport of the whole pleadings

2. The Plaintiff asserts that, as the Defendant delayed the instant construction work between 6 days (from December 1, 2012 to February 4, 2013), the Plaintiff asserts that the Defendant should pay KRW 34,848,000 (264,00,000 x 66 days x 2/1000) with compensation for delay.

As to this, the defendant asserts that not only the defendant but also C (Representative D) corporation, the plaintiff shall not claim compensation for delay against the defendant, since the plaintiff shall be omitted from the construction work of this case.

3. Determination of a board, who is the party to the contract is a matter of interpretation of the intention of the party involved in the contract.

The interpretation of expression of intent is to clearly define the objective meaning that the parties have given to the act of expressing intent, and in cases where the content of a contract is written between the parties to the contract, it shall not be cited in the phrase used in the document, but it shall be reasonably interpreted by the content of the document, regardless of the internal intent of the parties, the objective meaning that the parties have given to the act of expressing intent should be reasonably interpreted according to the contents of the document.

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