logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.14 2015가합123
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 47,481,410 to the Plaintiff (Counterclaim Defendant) and its payment from December 10, 2014 to October 14, 2016.

Reasons

1. Basic facts

A. On June 3, 2012, the Plaintiff entered into a contract with the Defendant on June 3, 2012 (hereinafter “instant building”). The Plaintiff’s neighboring residential house located on the land of Suwon-gu, Suwon-si (hereinafter “instant building”).

) New Construction Works (hereinafter referred to as “instant Construction Works”)

(1) A contract under which each of the contract was made with the total construction cost of KRW 540,00,000, the construction period of KRW 6 months from June 3, 2013 to December 2, 2013, the warranty period of two years, the warranty amount of 10,000, and the liquidated damages rate of KRW 1/1,000 (hereinafter “instant contract”).

2) However, when concluding the instant contract, the Plaintiff and the Defendant agreed to pay KRW 30,00,00 for the said construction cost, KRW 140,000 for the first intermediate payment, KRW 70,000 for the second intermediate payment, KRW 140,000 for the second intermediate payment, and KRW 100,000 for the third intermediate payment, and KRW 100,000 for the third intermediate payment at the time of the completion of the floor foundation work, and KRW 50,00 for the fourth intermediate payment, and KRW 70,000 for the fourth intermediate payment, respectively, at the time of occupancy, and KRW 120,000 for the remainder, and KRW 120,000 for the deposit.

3) Special contract terms incorporated into the instant contract (hereinafter “instant special contract terms”)

2. The main contents of the building are as follows: 2. The external appearance of the building is based on the external design prepared by the owner; the alteration is limited to the case based on the order of the owner; 3. Drawings, which are based on the drawing tag, and the drawings omitted and additional matters shall be constructed in consultation with the owner. 8. The attachment of outer walls is the type of tring. 8. The windows shall be constructed with the design and specification prepared by the owner. The additional expenses shall not be absolutely required until the completion of construction. 28. 29. The defect bond (10,000,000 shall be refunded immediately when there is no defect for two years from the completion date.

B. The Plaintiff’s payment of the construction price was transferred to the account in the name of the Defendant for the instant construction price, ① transferred KRW 30,000,000 under the name of the down payment on June 3, 2013, and ② KRW 20,000,000 on June 8, 2013, ③ KRW 10,857,00 on June 14, 2013, and KRW 00.

arrow