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(영문) 대구지방법원 2015.11.24 2015가단21834
지체상금등
Text

The plaintiff (Appointeds) and the Appointeds B and the defendant

1. The defendant shall be the 1,000,000 won to the plaintiff (appointed party) and the appointed party.

Reasons

1. The Plaintiffs entered into a contract for construction with the Defendant on December 24, 2013 in order to newly build Class II neighborhood living facilities (manufacturing places) on the ground of 3,306 square meters of land in Yongcheon-si, Youngcheon-si.

Of the total construction cost of KRW 580 million, KRW 100,000,000 out of the total construction cost, 320,000,000 won was determined to be paid respectively within 15 days after completion of the steel structure, and the completion date of the construction is agreed on April 30, 2014.

The defendant completed the construction on June 11, 2014.

The Plaintiffs paid all the remainder of the construction cost, excluding KRW 10 million.

[Ground of recognition] Unsatisfy, Gap evidence No. 1

A. The plaintiffs' assertion 1) since the construction was completed on June 11, 2014, the defendant is obligated to pay 2,32 million won for delay (580 million won x 1,1000 x 40 days) for 40 days. The plaintiffs have a share of the construction cost (3,00,000 won for plaintiffs A190,000, 320,000 won for plaintiffs C2,00,000 won for each of the above claims). Thus, the defendant is obligated to pay 7,60,000 won for plaintiffs A and B, and 8,000,000 won for defect repair to the plaintiffs. Further, the defendant did not pay 378,000 won for the construction cycle for each of 130,000 won for factories, and the defendant did not pay 1,600,000 won for each of the above claims to the plaintiffs, but did not pay 1,601,000 won for each of the defect repair.

(2) The Defendant first agreed on April 30, 2014 on the completion date, but agreed on April 15, 2014 to change the completion date to June 11, 2014, and thus, the Plaintiffs.

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