손해배상(기)
The defendant shall pay to the plaintiff 299,860,000 won with 20% per annum from May 7, 2013 to the day of complete payment.
The judgment on the Plaintiff’s claim is based on the Plaintiff’s assertion that the construction was delayed due to the Plaintiff’s failure to perform its contractual obligation even after entering into a contract for construction of multi-family housing. As such, the Plaintiff is obligated to pay compensation for delay to the Plaintiff. In full view of the overall purport of the arguments in the evidence Nos. 1, 2, 5, 6, 7, 10, and 14, the Plaintiff obtained a building permit to construct multi-family housing on the land of Pyeongtaek-si in Gyeonggi-do, and entered into a contract with the Defendant for construction on November 14, 2011 (including value-added tax), and the construction period from December 1, 201 to April 30, 2013 with the Defendant’s payment rate of 1/1,000 per day (hereinafter “instant contract” and “the construction work”). The Defendant, after entering into the instant contract, concluded the instant contract with the Defendant on the ground that it did not faithfully perform its contractual obligation, thereby rescinding the terms and conditions of the contract.
According to the above facts, the contract of this case was lawfully rescinded due to the delay of the defendant's performance.
If the contractor refuses the performance of the project without the commencement of the project and the contract is cancelled and the contractor seeks the payment of the liquidated damages, the period for which the contractor is liable shall be specified and the contractor shall clarify his/her intention of refusal from the date of commencement of the project to the date of commencement of the project.