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(영문) 창원지방법원 2018.08.16 2017가합54640
손해배상(기)
Text

1. Defendant B’s KRW 86,998,50, and as to the Plaintiff, KRW 5% per annum from September 7, 2017 to August 16, 2018.

Reasons

. Facts of recognition.

A. On February 16, 2015, the Plaintiff entered into a contract with Defendant B who uses the name “D”, under which Defendant B would design the building to be newly built on the ground of Jinhae-si E (hereinafter “instant land”), Defendant B would perform the entire work by designating the contractor and complete the work, and at the same time complete the construction cost of KRW 300 million (a evidence 5; hereinafter “instant contract”).

The main contents are as follows:

Plaintiff: Defendant B (D)

5. Contract amount: 30% amount for the start of the value-added tax separately *.0% amount for the day on which the construction is commenced.

6. Total amount: Not more than KRW 300,000,000 for daily money: Article 2 (Contract Area and Period): Article 2 (Contract Area and Period): From February 16, 2015 to (Public Notice) Article 4 (Calculation and Payment Method of Price) of the Conditions Attached to Value-Added Tax; Article 4 (Calculation and Payment Method of Price) of the Conditions Attached to Value-Added Tax; in principle, the time and amount of the payment shall be determined as follows, but it may be adjusted through consultation between "A" and "B":

In the event of a non-fixed contract, the payment time and standard ratio (%) adjustment ratio (%) adjustment ratio (%) amount to 30,000,000 won (in the case of a non-fixed contract (20,000,000) (in the case of a non-fixed contract, 90,000,000) appears to be a clerical error in the daily gold-gu 90,000.

In lieu of down payment and substitute 2nd floor, consultation within 30 days after the first payment (2 times) of the first payment of the consultation among the 50,000,000,000 won per 50,000,000 won per 10,000 won per 2nd floor (in lieu of down payment and substitute 100,000), the remainder (20,000,000) after approval for the use of the divided loan (20,000) in total (20,000,000,000 won per 10,000,000 won per 20,000 won per day.

(Article 11 (Performance Delay) of the Value-Added Tax Map 300,000,000) If “B” fails to complete the work within the agreed period, the penalty for delay equivalent to 2.5/1,000 of the price for each day of delay shall be paid to “A”.

(3) For unavoidable reasons, such as natural disasters, or other unavoidable reasons not attributable to "A" (the review of design documents of "A" and the revision of design documents at the request of "A, etc.").

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