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Reasons
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(영문) 서울고등법원 2016.09.22 2015나31515
공사대금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 27, 2012, the Plaintiff entered into a contract with the Defendant to conclude a contract with the Defendant to accept reinforced concrete construction works as construction cost of KRW 1,331,00,000 (including value-added tax) from March 26, 2012 to September 30, 2012 (hereinafter “instant school construction contract”).

(2) On April 19, 2012, the Plaintiff entered into a contract with the Defendant to conclude a contract with each of the Defendant to accept reinforced concrete construction works as construction period from April 20, 2012 to November 20, 2012 (including value-added tax) among B construction works that the Defendant contracted from an advanced steel farm, Inc. (hereinafter “Empis”).

(hereinafter “Military Register Corporation,” and “each of the instant Construction Works,” together with the school construction of the instant case, shall be deemed as the “instant Military Register Corporation,” / [Written Contract]

6. Payment of the price;

(b) Method of payment (1) within 60 days from the date of receipt of an object (2) 1 month: B2B Electronic Resolution 100%: 0.1% of the contract amount per day after the date of delay 11. (1) When the Plaintiff fails to complete the construction by the deadline for completion as stipulated in the contract, the amount calculated by multiplying the contract amount by the rate of liquidated damages and the number of delayed days (hereinafter “compensation for delay”) shall be paid to the Defendant.

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant number of days shall not be included in the number of delayed days:

1. Where the cause is due to typhoon, flood, or other bad weather, war or incident, earthquake, fire, riot, harbor wing up, quarantine, access limit, etc. for security;

6. Where delay is caused by any other cause not attributable to the Plaintiff’s liability, Article 25 (Cancellation and Termination of Contracts) (1) In the event that the Defendant or the Plaintiff falls under any of the following subparagraphs, the Defendant or the Plaintiff given a written demand to perform the contract with a reasonable

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