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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The first instance court's summary of the grounds for appeal acknowledged that the Defendant delayed the installation of the instant facilities for 59 days, and ordered the Defendant to pay the Plaintiff KRW 54,516,000 and damages for delay thereof. However, during the said 59 days, the Defendant cannot be held liable for delay for 55 days following the delay in the installation of the instant facilities due to the Plaintiff's fault.
① 17 days of delay related to the construction of electric power facilities: The Plaintiff and the Defendant concluded a contract with 500 kw for the total volume of electric power of the instant facilities, but the Plaintiff demanded the Defendant to install only some of the facilities corresponding to less than 300 kw among the facilities of the instant case on the ground that the consumption power of the factory to install the instant facilities was 300 kw, and to install the remainder. The period is 17 days from the day following May 30, 2016, which was scheduled for the Defendant to deposit the entire facilities of the instant facilities with all of the instant facilities, excluding 18 days of delay in the installation of the intermediate payment after the following 35 days from July 4, 2016.
It should be deemed that the installation of the instant facilities was delayed due to the Plaintiff’s fault.
② The number of 20 days of delay related to water strawing construction: The defendant failed to perform the pipeline construction of the head of the head office to take effect until concrete is completely hardened due to the plaintiff's water strawing construction, and the above 20 days (20 days from the day after July 19, 2016, which is the date of water strawing construction) should also be deemed to have delayed the installation of the instant equipment due to the plaintiff's cause attributable to the plaintiff.
③ The number of delayed days following the delay in the payment of part payments 18 days: the Defendant supplied all facilities other than the heading office and the heading office around June 13, 2016, but the Plaintiff was unreasonably responsible for the instant facilities.