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1. The part against the defendant among the judgment of the court of first instance shall be revoked, and the lawsuit of this case corresponding to the revoked part shall be dismissed.
Reasons
1. Progress of the instant lawsuit
A. The Plaintiff is a person manufacturing industrial machinery under the trade name of “B,” and the Defendant is a company that engages in printing circuit board, electronic, telecommunications, semiconductor sales business, etc.
B. On August 26, 2014, the Plaintiff entered into a contract with the Defendant for the construction work of production, supply, and installation of a set of 2,960,000 won (excluding value-added tax) by December 25, 2014. On March 30, 2015, the Plaintiff was established at the workplace of the New SPPP Co., Ltd. (hereinafter “New SPPP”) (hereinafter “New SPP”), a place of installation designated by the Defendant.
C. The Defendant supplied the agreed time limit of KRW 296,00,000 out of the construction deposit to the Plaintiff on the ground that the Plaintiff agreed between the Plaintiff and the Plaintiff as liquidated damages for delay, the Defendant paid KRW 2,664,00,000 out of the construction deposit to the Plaintiff.
The Plaintiff agreed with the Defendant to compensate for delay, but at the time, agreed to pay the remaining KRW 296,00,000 to the Defendant when the Defendant withdraws an objection against the supplied goods from the New SP, and thereafter, filed the instant lawsuit seeking payment of KRW 296,00,000,00, by asserting that the New SPP withdrawn an objection against the delayed liability and paid the construction cost.
E. The first instance court held that the Defendant is liable to pay the Plaintiff the amount of KRW 207,200,000,000, which is 30% of the liquidated damages for delay, to the Defendant, on the ground that the payment was deferred only for the amount equivalent to KRW 135,00,000, which is 30% of the liquidated damages for delay, and the remainder payment was partially withdrawn from the liability for delay.
F. Only the Defendant appealed against this, and D’s bankruptcy trustee of the bankrupt C, the Plaintiff’s creditor, is the Plaintiff’s creditor, with the claim amount as the head of the Suwon District Court’s Ansan Branch 2017TTT12390 on October 23, 2017, which was pending in the appellate trial of this case.