손해배상(기)
1. Of the judgment of the court of first instance on the principal lawsuit, the defendant (Counterclaim Plaintiff) that exceeds the amount ordered to be paid below.
1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, and the new argument in this court is as stated in the reasoning of the judgment of the court of first instance, except as otherwise determined in paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure
The text of the judgment of the first instance, ① 6 pages 3 and 4 “Article 4 of the instant modified contract” is amended to “Article 3 of the instant modified contract and Article 9 of the instant contract”; ② 6 pages 18 “Defendant” to “Plaintiff” to “Defendant”; and ③ 18 and 19 “Defendant on June 28, 2015,” respectively, to “Defendant” to “Defendant on June 28, 2015.”
The text of the judgment of the first instance, ① revised the “instant construction contract” with the “instant change contract,” and ② added the “(the Defendant continues to exist in this court on June 10, 2015 or at least July 18, 2015” to the effect that the completion date of the instant construction shall be at least June 10, 2015, but the evidence submitted, such as evidence evidence Nos. 17 through 20, cannot be deemed as the completion date as the Defendant asserted).”
After the 10th sentence of the first instance judgment, “no one shall take place” is added to “(the Defendant asserts that he submitted a construction completion report to the Plaintiff several times on May, 2015, before October 29, 2015, and June and July, 2015, but there is no evidence to acknowledge it (only it is argued that the Defendant was lost while keeping the construction completion report in custody).”
The 12th day to 10th day of the first instance judgment shall be amended as follows:
[1) The penalty for delay that the Defendant is liable to pay to the Plaintiff is KRW 961,68,638 [=1,774,329,592 [=1,613,02 value-added tax of KRW 161,302,90] x 2/1,000 per day for delay x 271 days (from February 1, 2015 to October 29, 2015, which is the date of actual completion) and less than KRW 961,638 (hereinafter “the penalty”).