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(영문) 제주지방법원 2017.12.08 2016가단60531
지체상금 청구
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 60,000,000 and Defendant B against the aforesaid costs from January 6, 2017; and Defendant C from January 2, 2016.

Reasons

1. Determination as to the cause of claim

A. On January 29, 2015, the Plaintiff asserted that the Plaintiff would be entitled to 1% interest for the electric source housing on the E site in Seocho-si E that is scheduled to be constructed by D (hereinafter “D”) and invested KRW 180 million in advance. At the time when the construction of electric source housing was commenced, the Plaintiff entered into an investment agreement with the Plaintiff to newly construct electric source housing and sell it to the Plaintiff in order to make the Plaintiff gain profit from the amount of KRW 70 million after converting the said investment amount into the construction cost and deducting the amount of the construction cost according to the construction cost ratio.

D In accordance with the foregoing investment agreement, on May 4, 2015, the Plaintiff entered into a construction contract with the Plaintiff on October 31, 2015, stipulating the period of completion of construction (use approval) as the period until October 31, 2015, to pay KRW 10 million per month in excess of the period of completion of construction as compensation for delay.

On October 28, 2015, Defendant C, as the representative director of D, agreed that D will be jointly and severally liable for nonperformance if D could not complete the construction contract by December 10, 2015.

When the completion of the construction of the above electric power plant was delayed and the completion was urged from the plaintiff several times, the defendant B concluded a sales contract for the second floor of the FF building G on March 22, 2016, which was scheduled to be newly constructed as a collateral for the delay of the construction of the above electric power plant, and agreed to conclude the sales contract for the above electric power plant construction with D, jointly and severally liable for the said electric power plant construction, and to terminate the said sales contract after paying the price after the completion of the construction of the above electric power plant.

D As the use was not approved until October 31, 2015, which was the due date for the completion of construction, the Plaintiff was approved for use on September 13, 2016.

Therefore, the Defendants are jointly and severally and severally guaranteed under the construction contract of the foregoing electric power plant for D, and D is liable for damages arising from delay in the period of approval for use of the foregoing electric power plant for 13 months (from October 31, 2015 to September 13, 2016).

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