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(영문) 서울중앙지방법원 2015.09.25 2015가합17727
손해배상 등
Text

1. The Defendant: (a) KRW 589,568,278; and (b) 5% per annum from August 21, 2015 to September 25, 2015 to the Plaintiff.

Reasons

1. On March 29, 201, the indication B of the claim entered into a contract with the Defendant and Jongno-gu Seoul Metropolitan Government on the contract amount of KRW 825,00,000 (including value-added tax) for the new construction of a new building on the ground of Jongno-gu Seoul, and on November 30, 2011 for the scheduled completion date of construction works, the rate of liquidated damages was 1/1,000 of the daily contract amount.

From April 5, 2011 to September 28, 2011, the Defendant paid construction cost of KRW 752,000,000 in total, but requested the increase of construction cost and unilaterally suspended construction work on September 21, 201.

On December 27, 2011, the Plaintiff acquired all rights, including the right to claim damages relating to the instant construction project from B, and thereafter notified the Defendant of the termination of the instant contract, along with the notification of the transfer of claims.

(2) Compensation for delay 23,575,00 won x 1/1,00 won x 27% x 27% x 825,000 won x 57% x 57% x 825,000 won x 825,000 won x 1/1,000 x 1,000 interest rate for delay x 271 days (from December 1, 2011 as of the day following the scheduled completion date until October 14, 2012, 319, which is the expected completion date from December 14, 2012, 2012, the Plaintiff delayed an application for preservation of the defects of the Seoul Central District Court 201Kaba892 x 84,207,2886, 2086, excluding the defect repair damages from the total structural defect in the construction and its related parts)

(2) However, the above duty to restore, the compensation for delay, and the compensation liability in lieu of the defect repair are liable for delay from the day following the day on which the claim for performance is filed, and the plaintiff's claim for damages for delay is dismissed in part.

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