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(영문) 서울고등법원 2020.02.07 2018나2062370

손해배상(기)

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1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 48,697,216, and also KRW 48,69.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person engaged in metal processing business under the trade name of “C”.

On June 3, 2016, the Plaintiff awarded a contract for the construction of a new factory E on the ground D in Ansan-si (hereinafter “instant construction”) to the Defendant on June 3, 2016.

The main contents of the instant construction contract are as follows.

Standard contract for private construction works

3. Date of commencement: June 15, 2016: The scheduled date of completion on September 30, 2016: The contract amount on September 30, 2016: 11. The supply price of KRW 50,000,000 for the daily gold-gu KRW 907,500 (Article 825,000,000) (Article 825,000), additional tax (Article 82,50,000): 0.1%;

B. On December 26, 2016, the Plaintiff received the application for approval for use of the instant factory, and on January 10, 2017, the approval for use of the instant factory was granted.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) As the Defendant failed to complete the instant construction by September 30, 2016, which is the deadline for completing the construction, from October 1, 2016, to December 26, 2016, the date of completion of the construction to 27,225,00 won (i.e., the contract amount of KRW 825,000 x 33 days x 1/1,000), and delay damages for the disposal of the instant construction from October 1, 2016, to December 26, 2016, 200, 27,200 won excluding 54 days delayed in the construction period of design drawings and additional construction, the Defendant is obligated to pay the Plaintiff compensation for delay for the delayed disposal of the instant construction from October 1, 2016 to December 26, 2016 (i) the Plaintiff’s construction of the instant factory, 306, 107, 2817, 1074, 847,47,7