물품대금 등
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. On February 2014, the Plaintiff entered into a contract with the Defendant on the contract amount of KRW 232,00,000 and the contract period from February 3, 2014 to March 30, 2014 (hereinafter “instant contract”).
In the event that the plaintiff is unable to install CCTV within the period stipulated in the contract of this case, the defendant determined that the defendant would pay the compensation for delay equivalent to 0.15% of the contract price for the one day of delay from the plaintiff.
B. On March 3, 2014, the Plaintiff received KRW 69,600,00 in total from the Defendant, and KRW 151,612,00 in total, the price of June 18, 2014, KRW 221,212,00 in total.
C. On April 30, 2014, the Plaintiff completed all CCTV purchase and installation under the instant contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder amount of KRW 10,788,00,00 (=232,00,000 - 221,212,000), excluding the Plaintiff’s paid from the Defendant, out of the total contract amount, to the Plaintiff, barring special circumstances.
3. Judgment on the defendant's defense
A. The Defendant’s defense that the Plaintiff failed to complete the installation of CCTV within the period stipulated in the instant contract (i.e., the contract amount of KRW 232,00,000 x 0.15% x the number of delayed days from March 31, 2014 to April 30, 2014). As such, the Defendant set off the Plaintiff’s claim against the Plaintiff for the compensation for delay against the remainder of the claim against the Plaintiff on the compensation for delay.
B. The occurrence of liability for the payment of liquidated damages, the fact that there was an agreement on the liquidated damages for delay in the instant contract, and the last day of the instant contract period is March 30, 2014, and the fact that the Plaintiff completed the installation of CCTV on April 30, 2014 is as seen earlier.
According to the above facts, the plaintiff has completed the installation of CCTV within the period stipulated in the contract of this case.