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1. The defendant shall pay 146,236,250 won to the plaintiff and 12% per annum from July 20, 2019 to the day of full payment.
Reasons
1. Indication of claims: as shown in the Attached Form “Cause of Claim”.
2. Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).
3. The agreement on the liquidated damages for partial dismissal has the nature as a scheduled liquidated damages unless there exist any special circumstances. In case where the amount of the liquidated damages for delay calculated under the agreement is deemed unfairly excessive beyond the permissible limit for the general public to pay, in consideration of all the circumstances such as the status of the contracting party, purpose and contents of the agreement, the motives scheduled for the liquidated damages for delay, the actual damages and the amount of the liquidated damages, the comparison of the damages and the liquidated damages for delay, and the transaction practices and economic conditions at the time of the agreement, the court may reduce it properly.
(2) In light of the above legal principles, the damages for delay calculated by the Plaintiff should be reduced to KRW 10,000,00,000, considering the following: (a) the construction period stipulated in the relevant contract is less than four months; (b) the Plaintiff directly performed the finishing construction and completed the completion on July 31, 2018; and (c) the Defendant’s delayed construction period claimed by the Plaintiff exceeds the construction period stipulated in the relevant contract; and (d) the amount of the damages for delay should be reduced to KRW 19,606,849 calculated by the Plaintiff’s delayed construction exceeds the construction period stipulated in the relevant contract.
Therefore, the Defendant is obligated to pay to the Plaintiff damages totaling KRW 146,236,250 (amounting to KRW 89,90,000, KRW 30,498,000, KRW 5,177,700, KRW 10,606,800 for liquidated damages plus KRW 53,750 for liquidated damages) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 20, 2019 to the day of full payment, the day following the delivery of a copy of the complaint, to the day of full payment.
Therefore, the plaintiff's claim exceeding the above scope of recognition is rejected.