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(영문) 광주지방법원 2015.10.23 2014가합330
손해배상(기)
Text

1. The Defendant’s KRW 327,470,064 as well as 5% per annum from February 4, 2014 to October 23, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. In around 2012, the Plaintiff entered into a contract for the construction of an aggregate apartment building in Gwangju Mine-gu, and on September 22, 2012, the subcontract on the structural part between the Defendant and the said construction (hereinafter “instant construction contract”), and the said structural part as “the instant construction project.”

The main contents are as follows. The construction period is from September 22, 2012 to May 31, 2013: the contract amount of KRW 1,980,00,000 (including value-added tax: KRW 50,000,000 after the establishment of the first floor slab, KRW 50,000,000 after the establishment of the second floor, KRW 400,000 after the establishment of the third floor, KRW 300,000,000 after the establishment of the third floor, and KRW 300,000,000 after the establishment of the 9 story, KRW 300,000,000 after the establishment of the 12nd floor, KRW 300,00,00 after the establishment of the 12nd floor, and KRW 300,00,000 after the establishment of the 15th floor, and KRW 300,000,00 after the establishment of the 15 third floor.

B. On August 28, 2013, the Defendant changed the construction period of the instant construction contract from September 22, 2012 to December 31, 2013, respectively, to KRW 2,330,000,000.

C. On November 9, 2013, the Defendant completed the construction of concrete building up to the 12th floor of the instant construction project, and subsequently, continued construction from November 13, 2013, while performing basic construction for the 13th floor of concrete building.

The Plaintiff sent a certificate of demand for the progress of construction to the Defendant on November 15, 2013, November 18, 2013, November 2013, November 22, 2013, and three occasions, but the Defendant did not resume construction.

Accordingly, on November 29, 2013, the Plaintiff sent to the Defendant a certificate of content that the instant construction contract will be rescinded.

E. From December 17, 2012 to November 11, 2013, the Plaintiff paid a total of KRW 1,349,711,80 to the Defendant, and paid a total of KRW 564,931,455 to companies, such as east Metal Co., Ltd. that supplied materials to the Defendant.

F. The Plaintiff’s suspension of construction from November 2013 to April 2014: (a) the sum of KRW 118,416,910 = 52,568,190 = 12,328,080 KRW 33,121,110 as follows.

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