손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 45,550,000 to the Plaintiff (Counterclaim Defendant) and its amount from July 27, 2016 to November 3, 2017.
1. Basic facts
A. On May 19, 2015, the Plaintiff entered into a franchise agreement with C points (hereinafter “C points”) and entered into a franchise agreement with D as to E points (hereinafter “E points”) on June 22, 2015.
B. On June 10, 2015, the Plaintiff entered into a contract with the Defendant for the contract that sets the contract price of KRW 231 million and the construction period from June 12, 2015 to July 15, 2015 (hereinafter “C Point construction contract”); and on June 30, 2016, the interior works with respect to E points (hereinafter “E Point construction”) with the construction cost of KRW 9,7790,00 and the construction period of KRW 9,7790,00,000 and the period of construction from June 23, 2015 to July 30, 2015 (hereinafter “E Point construction contract”).
C. The Plaintiff paid the Defendant KRW 184,80,000,000,000,000 for the second installment payment as stipulated in the C Point Construction Contract, and KRW 53,784,500,00,00 for the first installment payment as stipulated in the E Point Construction Contract.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5 (including additional entry; hereinafter the same shall apply) and the purport of whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion 1) The Defendant suspended the construction work without completing the construction work until July 15, 2015, which is the deadline for completing the construction work, and the Plaintiff performed the construction work through another company and completed the construction work on August 6, 2015. Therefore, the Defendant seek against the Defendant for compensation for delay damages amounting to KRW 43,765,570, the cost of the construction work and the cost of repairing defects incurred in performing the remaining construction work through the other company’s 22-day liquidated damages agreed upon. (2) If the contract is cancelled after the lapse of the deadline for completing the construction work without completing the construction work within the deadline for completion, the period for completing the construction work will be the following day.