(영문) 서울고등법원 2015.05.12 2014나44040

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(영문) 서울고등법원 2015.05.12 2014나44040

지체상금

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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On May 20, 2009, the Plaintiff concluded a contract with the Defendant for the construction of a new building in Yongsan-si B building (hereinafter “instant construction”). The construction cost shall be calculated by up to 2.7 million won per square meter, but 60% of the total construction cost shall be paid up to the completion date and the remainder of 40% shall be paid from the shop occupants in the said building after the completion of the construction. Upon the conclusion of the instant contract, the Defendant entered into a provisional contract with the Plaintiff to pay the contract deposit amount of KRW 50 million and the loan amount of KRW 50 million and the loan amount of KRW 50 million to the Plaintiff at the time of the conclusion of the instant contract.

B. On June 10, 2009, the Plaintiff and the Defendant concluded a contract on June 10, 2009, even if any change in circumstances, such as price and fluctuation in interest rates, may not exceed the amount of money at the time of the contract, and the Defendant entered into a special agreement on the construction contract of building with the intent to faithfully accept the Plaintiff’s request for change of design and request for change of construction.

C. On November 18, 2009, the Plaintiff and the Defendant concluded a construction contract with respect to the instant construction project containing the following contents:

(2) The Plaintiff and the Defendant shall calculate the total construction cost of KRW 7,087,60,000 (excluding value-added tax) as the construction cost.

(3) The Plaintiff shall pay 60% of the total construction cost up to the completion date, and the remaining 40% of the total construction cost shall be settled with the revenues of the upper subscription deposit after completion.

(4) The defendant shall pay one billion won as performance guarantee to the plaintiff.

(6) On June 10, 2009, concluded between the Plaintiff and the Defendant, it is confirmed that the terms and conditions of the construction contract for B building were effective after completion and until after completion of settlement.

(8) It is confirmed that the agreement between the Plaintiff and the Defendant is valid until completion of the agreement.

(9) The Plaintiff’s compensation for delay relating to this Agreement shall not be recognized.

With respect to the instant construction work on December 29, 2009, the Plaintiff and the Defendant are as follows:

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