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(영문) 대전지방법원 2019.04.18 2018가단226852
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 62,497,400 to the Plaintiff (Counterclaim Defendant) and its related amount from March 22, 2017 to April 18, 2019.

Reasons

1. Facts of recognition;

A. On July 13, 2016, the Plaintiff completed the registration of ownership transfer on the ground of donation with respect to the Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant land”).

B. On September 19, 2016, the Plaintiff concluded a construction contract with the Defendant for the new construction of the instant land-based housing (hereinafter “instant building”) (hereinafter “instant construction contract”) (hereinafter “instant construction contract”), and the said contract contains the following details.

Article 3 (Completion Date) “B” (hereinafter referred to as “Defendant”) (hereinafter referred to as “Defendant”) shall complete the said construction by December 31, 2016 at the place designated by “A” (hereinafter referred to as “Plaintiff”).

Provided, That the foregoing shall not apply where delay is due to the circumstances of “A”.

Article 4 (Land Compensation) “B” shall complete the construction within the period, and shall pay 3/100 of the contract price to “A” every month in the event that it fails to comply therewith.

In addition, “A” shall pay 25% overdue interest per annum to “B” if the payment of the price is overdue.

In the event of failure to pay the price, "A" agrees to the removal of all the buildings (products, machinery, and equipment) supplied by "B", and "A" cannot be held liable for civil or criminal liability to "B".

Article 5 (Period of Free Repair of Defects) The period of free repair of defects in the above construction shall be one year.

(consumables shall be borne by “A” and “B” shall be borne by “A” at the cost of “A” in the event of a natural disaster.

Article 6 (Methods of Prohibition of Substitute Payment) The total amount of the above construction is KRW 150 million (excluding VAT), KRW 30 million (excluding September 20, 2016), and the payment of KRW 45 million ( September 27, 2016) at the time of the contract, and the payment of KRW 45 million at the time of the commencement of the construction at the time of the commencement of the construction, and the payment of KRW 40 million after the completion of the construction is completed at the same time (by December 20, 2016).

Bank loans amounting to KRW 35 million. Article 7 (Design Modification) “B” shall be produced accurately in accordance with the design drawings provided by “A” at the time of conclusion of the contract, and the contract shall be concluded.

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