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(영문) 서울중앙지방법원 2020.06.09 2019가단36538
손해배상 청구의 소
Text

1. The Plaintiff:

A. Defendant D’s KRW 53,870,00 and interest rate of KRW 12% per annum from August 14, 2019 to the date of full payment.

Reasons

The grounds for the determination of the claim against Defendant D are as shown in the attached Form of the claim.

On March 20, 2017, the Plaintiff entered into a contract with Defendant C and Jongno-gu Seoul E-Ground Housing (hereinafter “instant housing”) under which the construction period is fixed from March 2017 to June 6, 2017 (including construction cost, 190,000,000 won (including value-added tax) under Article 208(3)2(i) of the Civil Procedure Act (i.e., the judgment as to the claim against Defendant C, stating the grounds for the judgment briefly, on March 20, 2017 (hereinafter “instant contract”).

According to the initial contract of this case, first of all, one of the instant housing units is to be newly constructed, and the construction cost of the instant housing units is KRW 28,500,000 on March 22, 2017; KRW 38,000,000 on April 5, 2017; KRW 15,000,000 on April 10, 2017; and KRW 95,00,000,000 on the aggregate of KRW 13,50,000 on the completion of the first floor of May 15, 207; thereafter, the instant housing unit is to be extended; and thereafter, the construction cost of the instant housing units is to be paid in the same manner as the first floor of the instant housing units.

As Defendant C delayed the construction of the first floor of the instant housing, the Plaintiff concluded a modified contract with Defendant C on August 4, 2017, and its completion until September 10, 2017. At that time, the remaining construction cost of the instant housing construction among the construction works shall be KRW 40,00,000, and the Plaintiff’s future payment of construction cost shall be KRW 23,50,000 (hereinafter “the first modified contract”).

On August 7, 2017, Defendant C borrowed KRW 10,000,000 from the Plaintiff at the maturity of 10% per annum on December 10, 2017.

As the Plaintiff continues to delay the construction of the first floor of the instant housing even after Defendant C, the Plaintiff’s completion of the construction by October 3, 2017 with Defendant C and the first floor of the instant housing construction by September 19, 2017.

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