(영문) 대전지방법원 2018.12.06 2017가단218892

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자간(%)

(영문) 대전지방법원 2018.12.06 2017가단218892

손해배상(기)

Text

1. The Defendant’s KRW 61,893,720 as well as the Plaintiff’s KRW 5% per annum from October 31, 2017 to December 6, 2018.

Reasons

1. Basic facts

A. On June 24, 2016, the Plaintiff (contractor) and the Defendant (contractor) entered into a contract for the instant construction work for the instant construction work on the ground of Sejong-si D (hereinafter “instant construction work”). The main contents are as follows.

- Construction period from June 24, 2016 to September 24, 2016 - Construction period of 265,780,000 won - The rate of liquidated damages shall be 1/1,000 in accordance with the standard terms and conditions.

B. The Defendant’s progress of construction until June 13, 2017, but did not reach the completion of construction and suspended construction.

C. The Plaintiff already paid KRW 200 million to the Defendant for the instant construction cost.

As a result of the appraisal, the completed construction cost is KRW 221,028,00, and the construction cost required to be completed by applying the successful bid rate (85%) was KRW 49,835,500, and the additional construction period for completion is deemed to have been 28 days, and the cost for repairing defects in the completed construction cost is KRW 1,694,00.

【Ground for Recognition: Unsatisfy, Gap evidence 1-5 (including virtual number), appraiser E’s appraisal result, the purport of the entire pleadings】

2. Based on the above findings of fact-finding, if a specific calculation is made in the order of the claimed amount, as follows:

In the event that the contractor for the construction cost has to settle the construction cost due to the termination of the contract for the construction work without completion of the construction work, the construction cost shall not be calculated by deducting the construction cost to be actually incurred in the completion of the construction portion from the agreed total construction cost, unless there are special circumstances, but shall be calculated by applying the ratio of the completed part and the construction cost to the agreed construction cost calculated on the basis of the construction cost actually incurred or to be incurred in the unconstruction portion. The completed ratio is the ratio of the construction cost to the cost incurred in the completed part of the total construction cost to the cost incurred in the completed part.

Supreme Court Decision 200

유사 판례

-수원지방법원 2019.09.24 2018나77302

-대전고등법원 2018.08.22 2016나13169

-대전지방법원 2016.06.17 2015나102130

-대법원 2016.03.10 2012다87713

-수원지방법원 2017.09.28 2016나78592