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(영문) 서울북부지방법원 2017.11.02 2016가합24547
약정금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 100 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 6, 2015 to February 4, 2016.

Reasons

1. Basic facts

A. On July 2015, the Plaintiff was awarded a successful bid for the instant factory B and C (hereinafter “instant factory”) in order to repair the instant factory with the Defendant on September 17, 2015, and entered into the construction contract (hereinafter “instant contract”).

A construction period: The construction amount on September 17, 2015, completion on November 15, 2015: the contract amount of 29 billion won (=payment of KRW 190 million value: KRW 190,000: KRW 55 million for the down payment, KRW 55 million for the first intermediate payment ( October 20, 2015), KRW 55 million for the second intermediate payment (on November 20, 2015), KRW 55 million for the second intermediate payment (on November 20, 2015), and KRW 44 million for the remainder (on December 20, 2015) (on December 20, 2015).

(zg) Details of the construction: Removal and installation of the outer wall board of the existing building, replacement of windows, installation of two toilets inside the factory, installation of two toilets, repair of the existing toilets, painting, internal electrical construction, and underground structure construction;

(b).

According to the instant contract, the Plaintiff remitted the down payment of KRW 55 million on September 18, 2015, and KRW 55 million on October 26, 2015 to each Defendant, respectively.

C. However, the Defendant failed to complete construction until November 20, 2015, and the Plaintiff resists this, and the Defendant, on November 20, 2015, prepared a letter of commitment that, on the Plaintiff on November 20, 2015, the Defendant shall, upon completion of construction works on the part of the Plaintiff (the office 1,2 stories, work rooms 1,2 stories, 3 stories, three toilets, floor X-raying and H beam beaming and other paintings) and construction works, the Defendant shall not complete the construction by November 20, 2015, and at the same time, shall refund KRW 100,000,000,000,000,000, including the already paid construction cost and value-added tax, to the Plaintiff without any condition (hereinafter “instant agreement”).

However, the Defendant failed to complete the instant construction even until December 5, 2015, and the Plaintiff, on December 14, 2015, issued a content-certified mail that seeks the termination of the instant contract and the return of the paid construction cost to the Defendant.

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