손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 29,064,058 to the Plaintiff (Counterclaim Defendant) and its related amount from October 28, 2015 to December 9, 2016.
1. On March 12, 2014, the Plaintiff entered into a contract (the instant contract) under which the Defendant entered into a contract with the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Construction Corporation for Multi-household Housing (including the value-added tax) at KRW 500,000 (including the instant construction) and the scheduled date for completion of the works on July 30, 2014 (the instant contract).
After that, on January 22, 2015, the Plaintiff and the Defendant concluded a contract (the instant modified contract) with the construction cost of KRW 570,000,000 (including value-added tax), the completion date of completion of the construction work as March 20, 2015, and the liquidated damages of KRW 1,000,000 per day.
Before the instant modified contract was entered into, the Plaintiff paid KRW 373,000,000 to the Defendant.
The Plaintiff suspended construction on April 19, 2015, while carrying out the phishing construction of each multi-household house.
Grounds for Recognition: Facts without dispute, entry in Gap 1 and 2, witness C's testimony, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion regarding the counterclaim 1) ① The Plaintiff paid the construction cost of KRW 102,40,00 after the contract for the instant change, and completed the construction cost of KRW 39,754,540. Therefore, the remainder of the construction cost to be paid by the Plaintiff is KRW 54,845,460 ( KRW 570,000 - KRW 373,000 - KRW 102,40,000 - KRW 39,754,540). ② The Defendant is obligated to pay the Plaintiff the compensation for delay damages of KRW 40,50,000, KRW 50, KRW 500, KRW 500, KRW 500, KRW 500, KRW 40, KRW 500, KRW 500, KRW 40, and KRW 50,000, KRW 405, etc., which had not been completed on April 19, 2014.