(영문) 서울남부지방법원 2016.03.24 2014가합108127

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.03.24 2014가합108127

손해배상(기)

Text

1. The Defendant shall pay KRW 77,985,00 to the Plaintiff the annual rate of KRW 15% from January 29, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On January 9, 2014, the Plaintiff: (a) concluded a contract with the Defendant for a new construction of multiple houses located in Dongdaemun-gu Seoul Metropolitan Government C (hereinafter “instant building”); (b) KRW 450 million for the construction cost; (c) February 2, 2014; and (d) June 26, 2014 for the date of completion.

(hereinafter “instant contract”). (b)

The Plaintiff paid a total of KRW 25 million to the Defendant as construction cost under the instant contract. The Defendant constructed the instant building and suspended construction from June 6, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Judgment on the plaintiff's claim

A. 1) The fact that the contract of this case was terminated is without dispute between the parties. In the construction contract, where the contract was terminated or terminated halfway, the contract price to be paid to the contractor according to the order of the contractor shall be calculated by multiplying the total construction cost by the order of the contract, barring special circumstances, barring any special circumstance (see, e.g., Supreme Court Decision 2003Da65391, 2003Da65407, Jun. 24, 2005). Thus, among the construction cost received from the Plaintiff, the part exceeding the amount calculated by multiplying the total construction cost stipulated in the contract of this case by the rate of the total construction cost stipulated in the contract of this case shall be returned to the Plaintiff as unjust enrichment without any legal ground. 2) According to the appraiser D’s appraisal result, it is recognized that the Defendant’s construction cost executed by the contract of this case is 40.87% and 40.87%, and if the above construction cost has been multiplied by the above ratio of total construction cost stipulated in the contract of this case.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 41,085,00 (=225,000,000 won - 183,915,000) and damages for delay.

B. Determination Nos. 1 and 4 as to the claim for liquidated damages shall be based on Gap evidence.

유사 판례

-수원지방법원 2015.09.10 2014가합11980

-의정부지방법원 2016.04.28 2014가합6685

-의정부지방법원 2017.08.10 2017가단3956

-의정부지방법원 2015.04.02 2013가합13099

-서울고등법원 (인천) 2021.02.04 2020나11627