손해배상(기)
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 60,803,160 as well as the full payment from July 5, 2017.
1. On August 8, 2016, the original Defendant entered into a new construction contract (hereinafter referred to as “new construction contract of this case”) with the construction cost of KRW 517 million (including value-added tax) and the completion date of the completion of the new construction project on March 30, 2017 (the completion date of the original completion plan was January 31, 2017; however, the rate of liquidated damages was set at 0.1/10, and the rate of liquidated damages was set at 0.1/10).
From August 12, 2016 to April 27, 2017, the Plaintiff paid a sum of KRW 365,559,660 to the Defendant.
(A) Around December 7, 2016, the Plaintiff directly paid KRW 12,3750,000,000,000, out of KRW 137,5500,000,000,000,000,000,000,000,0000,000,000,000,000). Meanwhile, around May 24, 2017, the Defendant sought payment of the remainder of KRW 70,795,120 to the Plaintiff, and the Plaintiff notified the Defendant of the purport that the construction contract will be terminated if the remaining construction works are not completed to the Defendant on June 1, 2017.
The defendant received the above notice on June 7, 2017 and did not proceed with the construction work even though it did not do so.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 4 (including a tentative number), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. In addition to the evidence mentioned above and the purport of the entire argument as a result of appraisal by appraiser C, the original Defendant may recognize the following facts: (i) the completed portion at the time of the instant construction contract is calculated based on the unit price in the calculation sheet (Article 22(2) of the Standard Work Agreement); (ii) the appraiser calculated the cost necessary for the completion of the entire construction based on the construction drawings; and (iii) the cost of the construction work in the part similar to the attached sheet and the cost of the non-execution of the non-execution part (based on the unit price of the government wage at the end of the year 2017 and the cost of materials generated from
Based on the above facts of recognition.