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(영문) 인천지방법원 2019.05.14 2018가단255234

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 27, 2017, the Plaintiff and the Defendant recognized the Plaintiff as the contractor, the Defendant, the contractor, the new construction of a factory A, and the period of construction from August 7, 2017 to December 7, 2017; the construction amount of KRW 1,570,500,000 as the construction cost specified in the construction contract (Evidence A) (Evidence A) was KRW 1,925,00,000; and the Plaintiff and the Defendant recognized as the so-called “business contract”; and the actual construction cost is the Plaintiff as the amount indicated in the main text.

The construction contract at the rate of liquidated damages for delay was 1/100 of the construction amount per day (hereinafter “instant construction contract,” and the construction work under the contract was referred to as “instant construction work”).

B. The Defendant completed the construction work under the instant construction contract on March 22, 2018.

C. The Plaintiff paid KRW 1,373,200,000 of the instant construction cost to the Defendant, and paid KRW 15,569,359 on behalf of the Defendant for the construction cost to be paid by the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 2, Eul evidence 2, gist of whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion is 105 days, and the total number of delayed days due to the Defendant’s fault is 90 days, and the agreed penalty for delay is 141,345,00 won.

In addition, the Plaintiff did not carry out the Am-to-pentra Construction and the Ambro package construction work equivalent to KRW 57,904,00,000 for a rooftop amounting to KRW 6,720,000, and the Plaintiff paid KRW 15,569,359 on behalf of the Defendant.

Thus, 181,730,641 won, which remains after adding the above liquidated damages and the damages for delay of construction work (i.e., the contract amount of KRW 1,570,500,000 - KRW 1,373,200,000 - 15,569,359 won, which is the substitute payment of KRW 24,238,359, and the Defendant paid damages for delay and defects to the Plaintiff.