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(영문) 제주지방법원 2020.06.23 2019나15427
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, except where part of the judgment of the court of first instance is dismissed as of the following 2. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The 6th to 7th of the judgment of the court of first instance shall contain the following modifications:

A person shall be appointed.

C. According to the instant construction contract, the existence and scope of liquidated damages and the instant construction period is up to June 15, 2017, but the instant construction period is extended to the number of delayed days in the event that the commencement of construction is delayed due to the Defendant’s reasons as the ordering agent.

On the other hand, the defendant has been a person who has delayed the commencement of construction due to the defendant's reasons for the ten days delayed for the crushing construction of base and the five days in total suspended due to the work of the ordering office.

(B) The construction period of this case is extended from June 15, 201 to June 30, 2017, which is extended from June 15, 2017.

The Plaintiff agreed to extend the construction period with the Defendant.

or due to the defendant, the commencement was delayed.

Although examining the evidence submitted by the plaintiff, it is not sufficient to recognize that the plaintiff's request for extension of the construction period was made only when the plaintiff requested extension of the construction period, and it is not sufficient to recognize that the defendant delayed the construction due to the reason exceeding the period of the defendant's identity.

Meanwhile, we cannot accept the Plaintiff’s assertion that the instant construction was completed on September 6, 2017, and otherwise completed on July 20, 2017.

As set forth in the subsection.

Therefore, the Plaintiff is obligated to pay the Defendant penalty for delay of KRW 14,620,000 calculated by 0.5/1,000 per 68 days per 68 days from July 1, 2017, which is the day following the extended construction period, to September 6, 2017, which is the date of completion of the instant construction work.

The second two pages of the judgment of the first instance are "........"

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