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(영문) 광주고등법원 2014.10.24 2013나5403
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. On May 24, 2011, the Plaintiff was awarded a contract for the “B contracted construction work” (hereinafter referred to as the “B contracted construction work”) from the Korea Real Estate Co., Ltd. (hereinafter referred to as the “Korea Real Estate Co., Ltd.”) by setting the construction cost of the original contract at KRW 6,980,000,000 (excluding value-added tax) and the construction period from February 28, 201 to July 30, 201.

On May 24, 2011, the Plaintiff entered into a subcontract with the Defendant with regard to each of the construction works listed in the table “public category” as indicated below among the prime contract works of this case, with the estimated supply volume of 1,200 tons as follows:

(1) The Plaintiff and the Defendant agreed on June 22, 201 to extend the term of completion of each of the above contracts on May 22, 2011, to extend the construction of 195,360,000 won to 11,200,000 won per ton of 256,000 won per ton of 256,000 won per ton of 250,000 won per contract unit price and content, and the amount of value added tax. The Plaintiff and the Defendant agreed to extend the term of completion of each of the above contracts on June 22, 2011 to 11,00,000 won per to 356,00 won per ton of 250,000 won per to 350,020,000 won per 350,000 won or the instant construction contract (hereinafter “instant construction contract”).

On November 15, 2011, the Defendant completed the supply and installation of steel structure under each of the above contracts (hereinafter “the instant steel structure”).

The instant installation contract includes an agreement on liquidated damages, and the calculation standard for liquidated damages is 1/1,00 of the daily contract amount per the number of delayed days.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 4, 6 through 8, and 15 (including additional statements, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Defendant completed the manufacturing, supply, and installation of the steel structure of this case around November 30, 201, the deadline for completion (in this case, around August 22, 2011, and around November 30, 2011, KRW 35,002,00 for delay compensation for the number of delayed days in accordance with the instant installation contract.

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