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(영문) 청주지방법원 2017.06.15 2015가단15030

지체상금

Text

1. The defendant (Counterclaim plaintiff)'s counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 64,561.

Reasons

1. Determination as to the main claim

A. Comprehensively taking account of the overall purport of arguments in Gap evidence No. 1, Gap evidence No. 16, and Gap evidence No. 17, the Plaintiff agreed with the Defendant to extend the construction period of the instant construction work by March 5, 2015, the Plaintiff agreed to extend the construction period of the instant construction work to 3.63 million won (including value-added tax) among the construction works for the automation factory construction located A (hereinafter "the instant construction work"), and the construction period from March 5, 2015 to March 22, 2015, and the construction period of 0.3% of the construction price rate for liquidated damages (hereinafter "the instant contract"), and the Plaintiff agreed to extend the construction period by March 29, 2015, the Plaintiff agreed to extend the construction period of the instant construction to 0.6% of the construction price for the instant construction work by March 29, 2015. The Defendant again agreed to extend the construction period by March 20, 2015.

According to the above facts, the defendant, except in extenuating circumstances, bears the obligation to pay for delay from April 18, 2015, which is the day following the date of completion of each construction agreement, to the date of completion of each construction, and in detail, 870,575 won per day shall be applied as requested by the plaintiff in the case of steel-frame construction, and 55,716,800 won shall be calculated by multiplying 64 days by the number of delayed days. In the case of painting construction, 119,529 won per day shall be applied as claimed by the plaintiff, and 8,845,146 won shall be calculated by multiplying 74 days by the number of delayed days.

Therefore, the Defendant’s obligation to implement the Defendant from September 8, 2015, which was the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff, is KRW 64,561,946 ( KRW 55,716,80) and as sought by the Plaintiff.