logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.21 2015나31287
대물변제를 원인으로 한 소유권이전등기
Text

1. Of the counterclaims filed by the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff), the part claiming KRW 8,381,042 and damages for delay.

Reasons

1. Basic facts

A. (1) On April 2, 2012, the Plaintiff and the Defendant entered into the instant construction contract between the Plaintiff and the Defendant, setting the construction cost of KRW 7 billion (including value-added tax) for the construction of the instant building on land E (hereinafter “instant building”), from April 10 to January 13, 2013, from April 10, 2012 to January 13, 2013, one month of the completed portion and one month at the rate of KRW 0.01, 7% per annum (hereinafter “instant construction contract”), and the main contents of the contract are as follows:

Article 22 [B] ① If a portion completed is specified in the contract as to the completed portion, the “B” (Defendant) may request an inspection of the completed portion pursuant to such request, and in this case, the “A” shall conduct an inspection without delay and notify the results to B, and if no notification is made within 14 days, the inspection shall be deemed to have passed.

(3) A shall pay B the completed amount according to the details of the inspection within 14 days from the date of completion of the inspection.

(4) Article 25 (3) shall apply mutatis mutandis where A delays the payment of the completed portion under paragraph (3).

Article 25 [Payment of Price] (1) B may adjust the construction site, such as removal, removal, etc. of surplus materials, wastes, temporary facilities, etc. immediately after passing the completion inspection of A, and claim the payment of the construction cost to A.

(2) A shall pay B the price for construction at the same time as the delivery of the object of a contract, unless otherwise stipulated.

(3) If a party A fails to pay the price by the due date, it shall pay the unpaid amount by adding the interest calculated by applying the interest rate for overdue payment specified in the contract to the number of days from the day following the due date of payment.

Article 27 (Compensation for Delay) (1) If a construction work has not been completed within the period of completion, the rate of compensation for delay in the contract shall be applied to each day of delay by the contract amount.

arrow