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(영문) 광주고등법원 2015.06.26 2013나4127
손해배상(기)
Text

1.The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, exceed the amount ordered to be paid:

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. The Plaintiff, a corporation, the purpose of which is to construct, construct, maintain, and repair the industrial facilities of petroleum and regularly meritorious places, was to enter into a contract for the construction of “the second SETM LINE pipeline laid underground” among the construction works of the expansion complex in the national industrial complex in the small and medium river-dong, the relevant construction cost of which is KRW 2.87 billion, the construction period from December 1, 201 to February 10, 201, and the Defendant was to enter into a contract for reinforced concrete construction, soil construction, etc. for the purpose of construction of reinforced concrete construction, soil construction, etc.

On November 201, the Plaintiff entered into the instant construction contract with the Defendant with respect to “the instant construction work” (hereinafter “instant construction work”) of the underground section civil engineering work up to 1.8km from among the 2nd SETM LINE pipeline wholesale work (hereinafter “instant construction work”), with respect to ① construction cost of KRW 1.360 million (including value-added tax, KRW 1.496 billion), ② construction period from December 1, 201 to February 10, 2012; ③ construction contents “pre-construction work for pipelines laid underground; installation of structures, etc. to prevent the collapse of the road, etc.; excavation of the road, filling-out work, road packing, road packing, and frontle construction work; ④ construction work; and ④ construction work for the settlement of increase or decrease in quantity; and ④ construction work for the instant construction work, including excavation of the road, and excavation of the road, and excavation of the road, road, and the instant construction work for filling-out work.”

On December 13, 2011, the Plaintiff prepared a written contract for the instant construction work with the Defendant. The agreement for liquidated damages (the amount calculated by multiplying the contract amount by 1.5/1000 for liquidated damages per day) and the obligation to submit an advance payment guarantee and performance guarantee insurance policy to the Defendant was added to the construction cost and construction period stipulated in the previous oral agreement, and the main contents thereof are as shown in the attached Table.

The plaintiff is from December 22, 201 to February 29, 2012.

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