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Reasons
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(영문) 서울중앙지방법원 2015.09.01 2014가단165202
공사대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 23, 2013, the Plaintiff and the Defendant entered into a contract on the replacement of the water supply pipes and appurtenant works of 13 complexes, Dong-dong 100, Dong-dong, Yangcheon-gu, Seoul (hereinafter “instant contract”), the construction cost of KRW 1,012,00,000, the construction period of KRW 1,012,00,000, and the period of construction from October 23, 2013 to February 5, 2014, the rate of liquidated damages per day was 0.3% per annum.

B. In February 2014, the Plaintiff and the Defendant concluded a contract to change the construction cost of KRW 1,021,460,00 for the first time, and the construction period from October 23, 2013 to April 30, 2014 (hereinafter “the first changed contract”), and concluded a new contract to change the construction period from October 23, 2013 to May 20, 2014 (hereinafter “the second changed contract”), and to apply mutatis mutandis to the remainder other than the content of the second changed contract.

C. The Plaintiff completed construction on May 20, 2014, and the Defendant paid the remainder of the construction cost after deducting KRW 61,287,000 for liquidated damages for twenty (20) days from KRW 1,021,460,000 for the first modified contract.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, and 3-2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff did not delay the construction due to the completion of the construction on May 20, 2014, which was within the construction period stipulated in the second modified contract, is unreasonable to apply the Defendant’s arbitrary agreement for liquidated damages. As such, the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 61,287,00, and the delay damages therefrom.

3. Determination

A. The facts as seen earlier are as follows. The Plaintiff’s completion of construction works on May 20, 2014 and the Plaintiff’s failure to pay the construction cost amounting to 61,287,000, out of the construction cost on May 20, 2014, have no dispute between the parties, and barring any special circumstance, the Defendant shall pay the Plaintiff KRW 61,287,000 and delay damages.

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