손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff’s assertion that the instant construction work was completed by May 15, 201; however, in a case where delay of construction completion is delayed without justifiable grounds, the instant construction work should be completed around June 14, 201, even though the Plaintiff agreed with the Plaintiff to reimburse the amount of the down payment. As such, the Defendant is liable to pay the Plaintiff KRW 30,000,000, which is a double amount of the down payment, and damages for delay.
3. Determination
A. First, the Plaintiff and the Defendant agreed to complete the instant construction by May 15, 201, and according to the overall purport of the statements and arguments stated in the evidence Nos. 1, 2, and 5, and 6, the Defendant prepared a receipt that the Defendant received KRW 15,00,00 from the Plaintiff on April 30, 201. The above receipt states that “the recipient of the contract deposit unilaterally fails to perform the construction works or the delivery of the contract deposit without good cause shall reimburse the issuer of the amount of the contract deposit.” The above phrase states that “15 days’ standard for delay of construction” and the phrase “15 days’ standard for delay of construction” are written as follows, and the Plaintiff may acknowledge that the Defendant is otherwise obligated to pay the contract deposit to the Plaintiff at least 30,000 days, i.e., the amount of the contract deposit and the amount of the contract deposit to the Plaintiff on June 24, 2011.