logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.11.02 2014가합5957
공사대금 등
Text

1. Of the instant lawsuits, the part concerning the claim for damages for delay from January 23, 2015 shall be dismissed.

Reasons

The facts are as follows: (a) on July 14, 201, the Plaintiff and the Defendant entered into a contract for construction work between the Plaintiff and the Defendant, the construction work for the construction work between the Plaintiff and the Defendant (hereinafter “instant construction work”) for the construction work for the main complex apartment (hereinafter “instant building”) on the ground of Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant land”) (hereinafter “instant construction work”) on the ground of the instant construction work before the instant construction work”); (b) from July 14, 201 to December 12, 2011, “work period” for the Plaintiff (D Co., Ltd.) from July 201 to December 2, 2011; (c) the contract amount is KRW 1,923,000,000 (including value-added tax of KRW 83,00,000); and (d) the liquidated damages rate of KRW 1

(hereinafter “instant contract”). After the conclusion of the instant contract, the Defendant, including the progress of the construction, completed the registration of the right to claim ownership transfer on August 3, 201, with respect to the instant land as the cause for the registration of the purchase and sale reservation made on July 27, 2011 by the Ulsan District Court’s registration office, Busan District Court No. 62347, Aug. 3, 201, in order to secure the payment of the claim for the construction cost under the instant contract (hereinafter “instant claim for the construction cost”).

On February 7, 2012, the Plaintiff suspended the instant construction on the ground that the head of the site office at the time of the closure of the construction work, etc., and subsequently appointed another site director and resumed the construction work. However, on August 7, 2012, the Plaintiff sent to the Defendant a content-certified mail indicating his/her intent to cancel the instant contract on the ground that the Defendant violated the instant contract. On September 20, 2012, the Defendant sent to the Plaintiff a content-certified mail verifying the content that he/she consented to the termination of the instant contract on August 7, 2012.

No. 3-9, 10, 50, 94, and the purport of the entire pleadings. The Plaintiff asserted that there exists a lien on the instant construction cost claim as the secured claim from October 20, 2012 after the rescission of the instant contract, and has occupied the instant building (No. 3) from October 20, 2012.

arrow