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(영문) 서울남부지방법원 2017.01.26 2016가합105290
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 182,350,000 and the interest rate of KRW 15% per annum from September 29, 2016 to the date of full payment.

Reasons

(b) the facts of the basis;

A. On June 26, 2015, the Plaintiff contracted the construction of a new housing store to the Defendant on the ground of Seo-gu Incheon, Seo-gu (hereinafter “instant construction”).

The contents of the above contract (hereinafter referred to as “instant contract”) related to this case are as follows:

Standard contract for private construction works (A. 1)

1. Construction name: Construction works of a D house shop;

2. Place of construction: Seo-gu Incheon, Seo-gu;

3. Date of commencement: June 26, 2015.

4. Scheduled date of completion: November 15, 2015.

5. Contract amount: The rate of penalty for delay on November 1, 1900,000,000 won in daily gold (463,000,000 additional tax rate): Article 10 [Advance payment] and Article 10 of the General Conditions of the Contract for Private Construction Works (hereinafter “General Conditions of Contract”) [5] “A (referring to the “Plaintiff”; hereinafter the same shall apply)” may demand the return of the balance of the advance payment in any of the following cases:

1. Article 27 / [Compensation for Delay] (1) In the event that the construction work is not completed within the deadline for completion, the “B” (the “Defendant” hereinafter the same shall apply) shall pay to “A” the amount calculated by multiplying the contract amount by the rate of the compensation for delay under the contract (hereinafter “compensation for delay”) for each number of days without delay.

(hereinafter referred to as "A, etc.") Article 31 [Cancellation, etc. of Contract"] (1) "A" may cancel or terminate all or part of the contract in any of the following cases:

2. Where it is evident that the completion of construction works is not likely to be completed within the completion date due to the reasons attributable to "B".

4. Where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract “B”.

B. From June 26, 2015 to November 19, 2015, the Plaintiff transferred money from the account of the Plaintiff or the Plaintiff’s mother F to the Defendant’s account as follows: (a) KRW 47 million in total; and (b) from June 26, 2015 to the Defendant.

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