손해배상(기)
1. The part concerning the claim for damages among the instant lawsuit is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. On December 13, 200, the International Comprehensive Land Construction Co., Ltd. (hereinafter “International Comprehensive Land Construction”) received from the Plaintiff a contract by setting the rate of 1/100 of the construction amount as 15,248,00,000 (net construction cost 12,408,000,000), and the construction period from April 2, 2001 to July 2, 2003 (hereinafter “instant contract”).
B. On July 2, 2003, the Plaintiff agreed to extend the completion date to July 2, 2006 on the ground that the period required for follow-up work, such as the international comprehensive soil construction, the delay of construction and the disposition of replotting, falls short of the period required for follow-up work.
C. On November 24, 2006, the Plaintiff rescinded the instant contract on the ground that the International Comprehensive Land Corporation ceased construction from April 2004 and did not complete the construction within the extended construction completion period.
The Busan District Court decided to commence the rehabilitation procedure on May 19, 2008, and appointed the defendant and B as joint managers on the same day, and decided to commence the rehabilitation procedure on December 3, 2008. On April 15, 2010, the defendant appointed the defendant as an international comprehensive land manager.
【Fact-finding without dispute over the ground for recognition, entry of evidence No. 1, and purport of the whole pleadings
2. Determination as to the legitimacy of the part claiming damages among the lawsuit of this case
A. The Plaintiff’s assertion of the international comprehensive discussion had suspended the instant construction from April 2004 and delayed the reorganization project. As such, the Defendant is obligated to pay the Plaintiff KRW 13,723,200,000 for delay compensation (i.e., the construction cost of KRW 15,248,000,000 x the number of delay x 900 days x 1/1000) accrued from the time when the said construction was suspended to November 24, 2006 from the time when the said construction was terminated. The Plaintiff, upon the Plaintiff’s partial claim, seek payment of KRW 3,00,000 for the Defendant’s delay compensation and its delay compensation.
B. (1) We examine ex officio the legitimacy of the part concerning the claim for damages among the instant lawsuit.
(2) Dop, Dop, the court.