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(영문) 서울남부지방법원 2019.02.15 2016가합105412
손해배상(기)
Text

1. The Defendant’s KRW 518,550,138 and the Plaintiff’s annual rate of KRW 6% from December 12, 2018 to February 15, 2019, and the following.

Reasons

1. Basic facts

A. On April 2015, the Plaintiff received a contract from C for the construction of a multi-family housing complex (19 households) for KRW 2.755 million for the construction cost. On July 3, 2015, the Plaintiff subcontracted the Defendant’s management and supervision of the basic construction works, wooding construction works, indoor finishing construction works (hereinafter “instant construction works”) and the subcontractor’s construction works (hereinafter “instant contract”).

B. On July 9, 2015, the Plaintiff paid KRW 110 million as advance payment, and thereafter paid KRW 122,1080,000,000,000 from that time to December 7, 2015 as the construction cost.

In addition, it entered into a direct contract with a sub-subcontract or goods supplier, and paid 50 million won to a sub-subcontract, F company's KRW 130 million, KRW 55 million to G company, and KRW 50 million to H respectively.

C. The Defendant failed to complete the instant construction work by November 15, 2015, which is the construction period stipulated in the instant contract.

On November 28, 2015, the Plaintiff agreed to complete the instant construction work by December 20, 2015, in receipt of the payment of the remaining construction cost of KRW 194,470,818, less the total construction cost paid by the Plaintiff, 1,80,529,182.

However, around December 18, 2015, the Defendant suspended the instant construction work, and the Plaintiff notified the Defendant that he would rescind the instant contract if he/she did not submit data on the schedule of remaining construction works and the disbursement of construction expenses by December 24, 2015.

E. From December 18, 2015, the Plaintiff directly performed the instant construction from around December 18, 2015, and completed the construction around March 14, 2016.

A fixed completion contract;

3. Construction period: Contract amount on July 1, 2015, November 15, 2015: KRW 1,995,000,000 (excluding value-added tax, KRW 105,00,000 per unit, total of KRW 19 Dong);

5. Advance payment: (a) Advance payment: 6%: Payment for completed portion: 10% of the general conditions, see Article 16.

8. Defect repair deposit rate: 3%.

9. Period of warranty liability: The period of two years and ten years, and the rate of liquidated damages: the number of days in delay.

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