손해배상(국)
The part of the judgment of the court of first instance against the plaintiff corresponding to the order to pay below shall be revoked.
The defendant.
1. The court's explanation of this case is based on the main text of Article 420 of the Civil Procedure Act, since it is the same as the reasoning of the judgment of the first instance except for the following cases:
2.The part of the first instance court's decision to seek payment of "(99,502,341 won)" shall be 9,502,341 won [i.e., cost 4,017,130 won [i.e., cost 48,859,334 won general administration cost 43,575,596 won and price fluctuations in general administration cost 3,050,281 won]. Furthermore, considering that the inevitable circumstances of the ordering agency objectively obvious, the Defendant may terminate the part of landscaping work in the instant case pursuant to Article 45 of the General Conditions of the Construction Contract, the Plaintiff may seek payment of damages equivalent to the above amount to the Defendant as a whole from the date of the contract to the date of termination under Article 201 of the Civil Procedure Act (see, e.g., Article 219, proviso 261 of the Civil Procedure Act). However, the Defendant asserted to the effect that the Plaintiff may seek reimbursement of damages as a whole from the date of termination of the contract.
Therefore, the Defendant’s performance obligation exists from January 1, 2019, following the delivery of a copy of the instant complaint to the Plaintiff, as sought by the Plaintiff, as well as KRW 4,017,130.