손해배상(기)
1. All appeals against the principal lawsuit and counterclaim of the Plaintiff (Counterclaim Defendant) and the claims added at the trial.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the decision of the court of first instance as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. In the first instance trial, the Plaintiff is liable to pay compensation for delay equivalent to KRW 19,520,00 as the construction period stipulated under the instant construction contract was not completed by the end of November, 2013. As the Defendant’s assertion, even if the construction was completed on July 31, 2013, the construction completion was delayed for 61 days, and the Defendant is liable to pay compensation for delay of KRW 9,760,000 out of compensation for delay, asserting that “The construction period stipulated under the instant construction contract is up to May 31, 2013.”
If the construction project fails to complete the last process scheduled to be interrupted during the course of the project, it shall be deemed that the construction project has not been completed. However, it is reasonable to interpret that the construction project is completed as agreed upon and its main structure has been completed by social norms as well as the construction of the project. However, if it is required to repair due to an incomplete construction, it is reasonable to interpret that the construction project is completed but it is only a defect in the object, and whether the intended last process has been completed should be objectively determined in light of the specific contents of the relevant contract and the principle of good faith without asking the contractor's assertion or the contractor for the completion
(see, e.g., Supreme Court Decision 201Da10482, Apr. 13, 2012). According to each of the appraisal results of lives, B’s evidence 1 through 3, B’s evidence 8-1 through 9, and Eul’s appraisal results, each of the appraisal results of the first instance trial appraiser D, and E, the approval for use of the instant housing was granted at the latest around July 31, 2013, and the last process scheduled under the instant construction contract.