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(영문) 인천지방법원 2018.03.20 2017가단202813
손해배상(기)
Text

1. The Defendant’s KRW 18,724,850 for the Plaintiff and 6% per annum from November 8, 2017 to March 20, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company specializing in the construction of a new building, such as lending, and the Defendant is a company specializing in the construction of a building, such as housing.

B. On November 16, 2015, the Plaintiff entered into a contract with the Defendant to contract for the construction of a multi-household house on the land B in Nam-gu Incheon Metropolitan City for KRW 637,440,000 (hereinafter the above multi-household house was referred to as “instant building,” “instant construction,” “instant contract,” and the Defendant started the above construction around that time. The main contents of the instant contract are as follows.

The date of commencement: The rate of liquidated damages for delay appears to have been written in writing on March 6, 2016 (referring to the date of completion on November 16, 2015): Article 3 (Matters under Special Agreement) (1/1,00 for each number of days in delay) (1/1,00 for four months from the date of actual commencement of the defendant's office.)

(3) The interior of each floor shall be separately used, and it shall be excluded from the construction period for construction works.

Article 6 (Raising Construction Costs and Payment Method thereof) (4) Where construction costs remain until after completion, a mutual agreement shall be held and processed during the following methods:

(1) The plaintiff shall conclude a bank loan agreement and submit it to the defendant before submitting a completion document for the sake of the suspension of the construction balance.

② The Plaintiff shall directly deposit the balance of the construction cost out of the loan amount under paragraph (1) after the banking term table after the completion of the registration for preservation.

If the unpaid construction cost of the defendant remains at the time of completion of construction, the plaintiff may preserve the defendant's claim by concluding a security trust contract with the defendant as beneficiary at the time of registration for preservation of the whole unsold goods.

(2) The plaintiff shall submit documents for registration of preservation of ownership and disposal and trust of unsold goods to the defendant before submitting the completion documents.

③ If the unpaid construction cost of the Defendant remains, the Plaintiff shall use and benefit from all rights until the repayment thereof is made.

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