손해배상(기)
1. The Defendant’s KRW 27,277,847 as well as the Plaintiff’s KRW 6% per annum from April 5, 2019 to October 17, 2019, and the following.
1. Basic facts
A. On August 12, 2016, the Plaintiff: (a) concluded a contract with the Defendant for the construction of the Plaintiff’s factory (hereinafter “instant factory”); (b) the construction cost of KRW 1,963,50,000 (including value-added tax); and (c) the construction period of construction from September 1, 2016 to January 20, 2017 (hereinafter “instant contract”); and (d) liquidated damages for delay due to the completion of construction shall be 1/1,000 (excluding natural disasters, rains, and civil petitions) of the construction cost per one day of delay.
B. On September 19, 2016, the Defendant commenced the instant construction. On January 19, 2017, the Plaintiff and the Defendant concluded a contract under which the scheduled completion date of the instant construction works was changed from January 20, 2017 to April 15, 2017 (hereinafter “instant modified contract”), and the Defendant completed the instant factory and obtained approval for use on June 29, 2017.
C. The Plaintiff paid the Defendant KRW 1,724,298,300 in total as construction cost under the instant contract.
[Reasons for Recognition of Facts] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion that the Plaintiff asserted: ① KRW 7,200,600, ② KRW 4,262,500, excluding the portion reflected in the settlement following the design modification among the expenses for the construction of the factory of this case and the cost for the repair of the floor parts directly constructed by the Plaintiff instead of the Defendant (i.e., the cost for the construction of the factory of this case 3,93,000 floor floor construction cost of KRW 269,50), ③ the Defendant’s obligation to pay the Plaintiff compensation for delay due to the completion of January 20, 2017, which was 160 days after the completion of June 29, 2017, which was 314,160,000 (i.e., the construction cost of this case 1,963,500,000 x the number of delayed days x 160 x 1,100), and ④ the Defendant’s obligation to pay the Plaintiff’s damages for the defect repair of this case.