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(영문) 서울동부지방법원 2017.09.22 2016가단114676
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 31,870,50 and interest rate of KRW 15% per annum from June 17, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On January 24, 2014, with respect to the new construction of a multi-family house with the plaintiffs and a multi-family house with the fourth floor above the D-gun of Incheon Vindication (hereinafter “instant multi-family house”), the Defendant from February 3, 2014 to the same year.

5. By the end of 30.30, the construction amount was set at KRW 350,00,000, and the construction contract was concluded with the purport of compensating for delay compensation equivalent to 2/1,000 of the contract amount per day when the construction work in this case was not completed within the above period (hereinafter “instant construction contract”).

B. On January 24, 2014, the Plaintiffs paid KRW 305,000,000 in total to the Defendant for construction cost, such as paying the down payment of KRW 30,000,000 for the instant construction work. As to the instant multi-family house, the Plaintiffs obtained approval for use on August 20, 2014, and completed registration for preservation of ownership in the Plaintiffs’ name on the 26th of the same month.

C. The Defendant failed to install some electric facilities, etc. of the instant multi-family house, and paid KRW 3,470,500 on September 25, 2015 to F for the completion of the construction works for electric facilities that were not built by the Plaintiffs to E; and KRW 1,00,000 on August 28, 2014 after requesting F to perform the construction works for waterproof of roof lebane; and KRW 4,000,000 on September 3, 2014; and KRW 4,00,000,000 on September 6, 2014 by requesting G and H to install the boiler room, install the boiler room room construction works; and perform the construction works on October 21, 2014.

[Grounds for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant completed and delivered the instant construction work on August 20, 2014, which was the period of construction stipulated in the instant construction contract, from May 30, 2014 to May 82, 2014, and the unconstruction portion remains, and the Plaintiff paid the construction cost instead of the Plaintiff. As such, the Defendant constitutes 2/1,000 of the daily contract amount per delay under an agreement on delayed compensation among the instant construction contract.

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