공사대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport and purport of the appeal
1. The purport of the claim;
1. The reasoning for the court’s explanation on this part is the same as that set forth in paragraph 1 of the judgment of the court of first instance, such as the conclusion of a contract for construction between the original and the Defendant, and the conclusion of a contract for construction and the modification of a contract, and thus, this part is cited by the main text of
2. Determination
A. When the Plaintiff fails to complete the construction within the period of completion at the time of the instant contract, the fact that: (a) the Defendant should pay the delayed prize calculated by multiplying the amount of delayed prize on the contract by the contract price for each number of days by the number of days; (b) the delayed rate of the instant contract is 0.05%; (c) the Plaintiff and the Defendant changed the contract price to 167,187,000 won; (d) the period of completion of the instant contract to September 27, 2018; (e) the construction was not completed until September 27, 2018; and (e) the fact that the Plaintiff completed the construction under the instant contract and received the completion inspection on November 14, 2018.
Therefore, barring special circumstances, the Plaintiff is obligated to pay the Defendant the delayed prize of KRW 4,012,490 (i.e., KRW 167,187,00 x 48 days x 0.05% x 0.05% / KRW 1 won).
B. Determination as to whether construction delay is delayed due to a cause not attributable to the Plaintiff’s assertion 1) The Plaintiff asserted that the construction was delayed due to a change in the design, the selection of the design company, and the progress of consultation for the determination of design, and there is no reason to pay the Plaintiff the delayed completion. Therefore, there is no obligation to pay the Defendant the delayed payment.
2) The agreement on the compensation for delay between the person awarding the contract and the contractor is expected to have the amount of compensation for losses caused by delay in the completion of the construction project for delay in the completion of the same day (see, e.g., Supreme Court Decision 2001Da1386, Sept. 4, 2002). In the event that there is an estimated amount of compensation for losses caused by nonperformance of the obligation, the obligee does not prove the occurrence and amount of the damage if it proves only the fact of nonperformance of the obligation.