공사대금
1. All appeals filed by Plaintiffs A and D are dismissed.
2. The costs of appeal shall be individually borne by the appellant.
1. The reasoning of the judgment by the court concerning this part of the basic facts is that of the judgment of the court of first instance, “13,617,00 won” in the 13th written judgment of the court of first instance, and “15,548,80 won” in the 17th written judgment shall be deemed as “13,617,400 won” and “15,548,080 won” in the 17th written judgment shall be deemed as the corresponding part of the judgment of the court of first instance except for the case of KRW 15,54
2. Determination on the main safety defense of the Defendant Company
A. The gist of the defense was to give up the balance of the construction (hereinafter “instant penalty agreement”) if the Plaintiff Company fails to comply with the date of completion as agreed upon between the Defendant Company and the Defendant Company, and to file a civil or criminal lawsuit with the Defendant Company (hereinafter “agreement on the lawsuit in this case”).
Plaintiff
The part of the claim for construction cost in the claim against the Defendant Company is unlawful as it goes against the agreement of the Plaintiff.
B. Determination 1) Since penalty for a relevant legal doctrine is presumed to be an estimate of the amount of compensation for breach of contract under Article 398(4) of the Civil Act, special circumstances should be asserted and proved in order for the penalty to be interpreted as a penalty for breach of contract. Not only the name or phrase used in relation to the penalty at the time of concluding the contract, but also the economic status of the contracting party to the contract, the details and details of the contract, the course of negotiations, the details and process of the agreement to pay the penalty, the principal purpose of the contract, the nature of the obligation to guarantee performance through the penalty, whether it is possible to separately claim damages other than penalty in the event of default, the amount of the penalty, the size of the penalty amount, the ratio of the penalty amount to the total amount of the liability, the amount of damages anticipated to be caused by the nonperformance, the size of damages expected to be caused by the nonperformance, and the transaction practices at the time, etc. shall be reasonably determined (see, e.g.