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(영문) 서울중앙지방법원 2021.02.05 2019가합539836
손해배상(건)
Text

1. The defendant's 255,006,00 won for each of the plaintiffs and 6% per annum from October 7, 2020 to February 5, 2021.

Reasons

1. Basic facts

A. (1) On October 21, 2016, the Plaintiffs entered into the instant contract with the Defendant, with respect to the construction work (hereinafter “instant construction work”) which constructs the buildings on the second, sixth and upper floors underground (hereinafter “the instant building”) by removing the existing buildings on the D ground in Jung-gu, Seoul and newly constructs the buildings on the second and upper floors above the ground (hereinafter “the instant building”) (hereinafter “the instant construction work”); the amount of the contract is KRW 2,500,000 ( separate from value-added tax); the payment of the down payment is 50,000,000, and the intermediate payment is to be made at the time of completion; the remaining payment is to be made at the time of completion of construction; the construction period is to be paid at the time of completion of construction; the construction period is to be paid at the rate of 12 months (from November 10, 2016 to November 9, 2017); the reward is to be paid at the rate of 1/1000 (hereinafter “the instant contract”).

2) In comparison with the contract agreement (Evidence No. 3, hereinafter “instant contract agreement”) claimed by the Plaintiffs as drafted in connection with the instant contract, there is a difference in the phrase “including the purchase of hotel office fixtures within the hotel” (hereinafter “instant stipulation”) written by the Defendant, compared to the contract agreement (Evidence No. 9) that the Defendant asserted in connection with the instant contract, the phrase “9.” written by the Defendant is additionally written.

B. The Defendant submitted a written claim for payment to E Co., Ltd. (hereinafter “E bank”) after obtaining the confirmation of the nature from the Plaintiff, and received the payment of the amount by receiving money from the said bank. The date and time of the claim for payment, the down payment and the down payment are as set out in the following table.

The cumulative amount of the down payment (cost) amount on the date of filing the claim for flag on November 4, 2016, shall be 50,000,000,000 50,000,000,000 one time on February 8, 2017, which was 750,000,000 on February 25, 2017, 200,000 two times on May 4, 2017, and 250,000 on May 10, 200,000 on May 4, 2017, 200,00 three times on March 25, 200 on May 31, 200, 100,00 three times on May 31, 2017;

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