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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On June 5, 2012, the Plaintiff entered into a contract for construction work with a personal entrepreneur who carries out warehouse work in the name of “B”, and the Defendant mainly aims at the construction business of civil engineering and construction. (2) On June 5, 2012, the Plaintiff and the Defendant entered into a contract for construction work (including value-added tax) with the Defendant to set the construction period between June 1, 2012 and November 30, 2012, “B Second Logistics Center Construction Work” on the ground of the wife population C and three parcels (hereinafter “instant construction work”) as the construction period from June 1, 2012 to November 30, 2012.
3. The main contents of the instant construction contract are as follows.
Contracts for Change of Private Construction Works
9. Endd portion: up to 70% of the contract amount shall be paid according to the catations.
Provided, That 70% of the amount of the application for gender shall be paid.
12. The rate of liquidated damages: Article 29 of the general conditions in the contract for private construction works per day (attached Form) of the contract amount per delay. (1) When the defendant fails to complete the construction works within the deadline for completion, he shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate for liquidated damages in the contract (hereinafter referred to as " liquidated damages") for each number of days without delay.
Article 33 (Cancellation, etc. of Contracts by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:
(2) The cancellation or termination of a contract pursuant to the provisions of paragraph (1) shall take effect by notifying the defendant of the cancellation or termination of the contract when the plaintiff fails to perform the contract within the specified period after the plaintiff notified the defendant in writing of the contract within the specified period.
4. Meanwhile, at the time of concluding the instant construction contract on June 5, 2012, the Plaintiff and the Defendant: (a) the date on which the Plaintiff prepared for the purpose of obtaining facility funds loans from financial institutions.