logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.23 2013가단5132934
손해배상(기)
Text

1. The Defendant’s KRW 21,807,122 against the Plaintiffs and 6% per annum from October 19, 2013 to July 23, 2015.

Reasons

1. Facts of recognition;

A. On April 27, 2012, the Plaintiffs entered into a contract with the Defendant to contract construction with the following content:

(hereinafter referred to as the “instant construction contract”). The name of the Corporation: The construction period of KRW 377,300,000 (including value-added tax): the date of commencement (pre-determined) July 15, 2012; the rate of liquidated damages for delay on December 1, 2012: 1/100 of the contract amount (total amount of liquidated damages shall be 5/100 of the contract amount)

B. On August 4, 2012, the Plaintiffs and the Defendant determined the scheduled date for commencement of the construction of the building as of August 6, 2012 (hereinafter “instant building”) and the scheduled date for completion of the construction as of December 11, 2012 (if no request is made for the suspension of construction after commencement of the construction works), confirmed the deposit of KRW 377,300,730,000 of the contract amount, and confirmed the deposit of KRW 113,190,00 of the contract amount (30%) as of August 6, 2012, and agreed to pay KRW 113,190,00 of the intermediate payment (30%) as of August 6, 2012, KRW 113,190,00 of the remainder (30%) on the completion date of the construction, and KRW 113,190,000 of the construction within seven days after completion of approval for use of the building.

C. After that, the Defendant started the construction of the instant building, but failed to complete the construction by the scheduled date of completion. Accordingly, the Plaintiffs and the Defendant agreed on February 8, 2013 as follows.

The Plaintiffs moved in on January 9, 2012 before the completion of the instant building, and obtained approval for the use of the completed building on February 26, 2013, and even thereafter, requested the Defendant to repair the defects of the instant building and paid the remainder of the construction cost on April 11, 2013.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 12, Gap evidence 13-1 through 5, Gap evidence 14, 15, Gap evidence 16-1 through 4, Gap evidence 17, Gap evidence 18, and the purport of the whole pleadings

2. The plaintiffs' assertion ① The defendant of this case.

arrow