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(영문) 인천지방법원 2018.09.13 2017가단38296
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 85,00,000 and the interest rate of KRW 15% per annum from October 19, 2017 to the date of full payment.

Reasons

1. The parties' assertion

A. The Defendant: (a) received a contract from the Plaintiff for the construction of landscape lighting fixtures; (b) it was impossible to carry out the construction due to the failure to pay equipment costs, personnel expenses, food expenses, etc.; and (c) recognized the Plaintiff’s fault and waiver of the construction; and (d) confirmed that the Plaintiff’s damage was KRW 85 million

B. Although the Defendant written a construction contract on December 29, 2016, the Defendant did not prepare a written confirmation of damages on January 13, 2017.

Although the defendant's seal is affixed, the defendant's seal imprint is kept in the book book of the site office. Since December 29, 2016, the site office is open and used together with the plaintiff's side. On February 2017, the plaintiff's representative director seems to hold and find any book before moving the book.

After the lapse of six months, it was known that the seal imprint was lost, and there is no report on the loss.

2. Facts of recognition;

A. On August 9, 2016, the Plaintiff concluded a contract with the Defendant for outdoor landscape lighting equipment construction (hereinafter “instant construction”) during the period from July 1, 2016 to June 30, 2017, with the amount of KRW 100 million and the period from July 1, 2016.

B. On December 29, 2016, the Plaintiff agreed with the Defendant to adjust the instant construction work as follows.

As to the instant construction contract, it is impossible to continue construction works due to the Defendant’s continued wage (including equipment replacement) delay and delay of construction, and due to the impossibility of paying additional expenses for the remaining work, and it is impossible to continue construction works. The remaining construction works after December 29, 2016 shall be waived and settled.

1. Until December 29, 2016, a settlement shall be made in accordance with the following table, and the defendant shall not demand payment to Co., Ltd. E on any ground for non-payment by failing to make any payment request thereafter.

2. As to the unpaid wages (including equipment replacement) before November 2016/12, the part that the Plaintiff requested the Defendant to submit the data, which was unpaid on the basis of the daily output book.

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