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(영문) 수원지방법원성남지원 2019.01.22 2018가합402846
손해배상(건)
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 172,374,510 and Defendant B with full payment of the said money from April 17, 2018.

Reasons

1. Basic facts

A. On November 22, 2015, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendants on the following terms and conditions with respect to the construction of the instant building and factory (hereinafter “instant building”) that it operates on the land outside Gwangju City D and two parcels (hereinafter “instant building”).

4. Period of construction: From November 23, 2015 to May 30, 2016 ( approximately 180 to 190 days);

5. Construction amount: 652,00,000 won;

(Value-Added Tax shall be Separate)

6. (1) Payment of the price shall be made by 15 per cent of the total contract amount after the contract.

(2) The agreement on the payment of price in proportion to the progress of the work.

(a) 10% of the down payment shall be paid following the settlement of the surrounding areas and the establishment of the foundation of the building;

(b) 10% of the contract amount shall be paid during the production and preparation of steel structure;

(c) 10% of the contract price shall be paid after the construction of steel structures of a building;

10% of the contract amount prior to the establishment of the container after the installation of the container shall be paid.

(e) 10% of the contract amount before external works are executed by the outside works stones/ walls/boards.

(f) pay 10 per cent of the contract amount when completion of incidental civil works and their surrounding works and the construction of the building is completed;

(g) The remainder of 25 per cent shall be paid for a loan after completion and shall be paid within 20 days after completion.

Article 1 (Purpose of Agreement) The Plaintiff and the Defendants entered into a contract on November 22, 2015 with respect to construction works for Class 1 (Retailing Stores) and Class 2 (Retailing Establishments) on the ground of Gwangju-si by no later than May 20, 2016 and with a total construction cost of no more than 650,000,000 won (excluding value-added tax) for the construction works for Class 1 (Retailing Stores) on the ground of Gwangju-si. The progress before reaching the agreement shall be mutually agreed as follows:

Article 2 (Confirmation Matters) (1) The Plaintiff paid the Defendants a total of KRW 413,050,000 so far.

Provided, That the total amount of KRW 43 million paid by the Plaintiff shall be the facility cost.

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