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(영문) 서울중앙지방법원 2019.09.20 2018가합552702
손해배상(기)
Text

1. The Defendant’s KRW 202,570,792 as well as the Plaintiff’s annual rate of 5% from August 17, 2018 to September 20, 2019.

Reasons

Basic Facts

On July 11, 2016, the Plaintiff entered into a contract with the Plaintiff and the Defendant, with a total of 580 households of C Redevelopment Rental Apartments (hereinafter referred to as “instant construction”) designated and awarded a contract from the Defendant during the period from July 11, 2016 to November 7, 2016, for individual heating conversion works for a total of 580 households (hereinafter referred to as “instant construction works”).

(2) The Plaintiff and the Defendant concluded a contract for the instant contract (hereinafter “instant contract”). While the process of the instant case had commenced the instant contract and completed construction works for 247 generations, the Plaintiff failed to perform construction works for the remaining 333 households due to the lessee’s resistance, and concluded a modified contract with the Defendant on July 13, 2016, extending the deadline for completion to December 14, 2016.

The Plaintiff filed a lawsuit against the Defendant with Seoul Central District Court 2017Gahap503413, and expressed that the Defendant did not intend to maintain the instant contract, and the Defendant rescinded the instant contract. As such, the Defendant asserted that the Plaintiff is obligated to pay KRW 61,372,681, which was unpaid among the profits that were expected to be paid initially, except for ① 37 households construction cost, material cost and labor cost for material processed at the site for 580 households, and additional construction cost for outdoor gas reclamation pipes and heating pumps installed, ② KRW 241,175,00, and ② 288,060,565, and ③ 61,372,681, out of the profits that were anticipated to be paid initially during the construction period.

(hereinafter “Prior Case”). On June 28, 2017, the said court shall complete the individual heating conversion work with respect to 333 households not constructed in accordance with the terms and conditions of the individual heating unit conversion contract for redevelopment rental apartment C, July 11, 2015, until December 31, 2017: Provided, That the period of completion may be extended by agreement between the parties. (2) The Defendant may pay to the Plaintiff the unpaid construction cost of KRW 98,960,616 until July 31, 2017.

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