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(영문) 부산고등법원 2019.12.04 2019나55883
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the first instance (from No. 2, No. 10 to No. 41 of the judgment of the first instance). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Both parties’ assertion and judgment

A. 1) The Defendant asserted that the instant new construction was not completed by April 30, 2017, which is the date of completion agreed with the Plaintiff, and obtained approval for the use of the instant building only after having reached September 1, 2017. Therefore, according to the agreement for liquidated damages, the Defendant is obligated to pay to the Plaintiff KRW 212,175,00 (construction cost 1,725,000 x 00 x 0.00 x 123 days delayed) which is a part of the liquidated damages x 156,400 x 123 days delayed x 123 days delayed). However, the Plaintiff’s assertion that the period of liquidated damages had been extended by 156,40,00 and delay damages 5 days after the date of completion of the said agreement between the Plaintiff and the Defendant and the final construction period 201, which is the date of completion of the said agreement, should be recognized as having changed the scheduled construction period between the Plaintiff and the Plaintiff’s final construction period 1717 months later.

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