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(영문) 서울고등법원 2015.04.15 2014나37455
지체상금 등
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. Plaintiff A, Appointers B, C, and Non-Party D (hereinafter “instant building owners”) were the owners of the land indicated in the separate sheet, and decided to remove the above land’s houses and newly construct neighborhood living facilities and multi-household houses around May 2010.

(hereinafter “instant construction project”). (b)

On May 21, 2010, the instant owner entered into a contract on the instant construction project (hereinafter “instant contract”) with the Defendant, setting the contract amount of KRW 1,392,125,000, May 27, 2010 on the date of commencement, and December 30, 2010 on the date of completion of the completion of the construction works, and setting the rate of KRW 1/1,000 on the penalty for delay (hereinafter “instant contract”).

C. The network D died on May 24, 2013, and his heir is the spouse E, the designated person I, and the J.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the instant construction was commenced on May 27, 2010 in accordance with the instant contract, but the instant construction was suspended on or around July 2010 without paying subcontract consideration to subcontractors due to disputes between L of the present representative director L and M of the former representative director, aggravation of financial standing, etc., and the instant construction was conducted on or after July 2010. However, the instant construction was conducted on April 3, 2012 by the owner of the instant construction, and the instant construction was conducted on or around April 3, 2012 by newly selecting the commercial EsP Co., Ltd. as the Si construction. As such, the Defendant should pay compensation for delay accrued from December 31, 2010 to April 2, 2012 by the owner of the instant construction from the date following the completion date of the instant contract, to April 2, 2012 x 637,593,250 won (the amount of the construction work x 1,3925,000 won x x 101/40

B. (1) Determination (1) Each description of Gap's 3, 4, 5, and Eul's 1 to 6 (including a Serial number), and the fact-finding and pleading with respect to the Yongsan-gu Office of the court of first instance.

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