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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. On July 17, 2012, the Plaintiff concluded a contract with the Defendant to manufacture and sell two elevators for passengers (20 passengers) (hereinafter “instant elevator”) on the building located in Jongno-gu Seoul (hereinafter “instant building”) owned by the Defendant (hereinafter “instant building”) by November 20, 2012 from November 20, 2012 to November 20, 2012 (hereinafter “instant contract”). The method and timing of payment are as listed below.
(5) Cash when issuing a certificate of inspection of KRW 45,540,000 for cash intermediate payment at the time of carrying in the material of KRW 60,720,00 in the case of a contract for payment of KRW 45,540,00 under the terms of payment for the aggregate of the value of supply classified as the value of supply;
B. The plaintiff et al., attempted to bring the elevator at the construction site of this case within the agreed period, and did not bring the elevator into the Republic of Korea due to any dispute between the defendant and the non-party SP Technical Group agreed to be the owner of the elevator of this case.
After that, after the dispute between the defendant and the above non-party company reached a settlement around September 2013, it entered the place designated by the defendant on March 13, 2013. After doing construction work, the defendant and the above non-party company entered the elevator of this case into the place designated by the defendant. After doing so, the plaintiff et al. suspended the remaining construction work in accordance with Article 22 (1) of the contract.
C. According to the contract of this case (Article 18 of the contract), where the defendant delayed the payment period of the large-sum payment under Article 1 (1) No. 1 of the above Act, the defendant shall pay to the plaintiff as compensation for delay the amount calculated by multiplying the above total contract amount by 1/1,000 for each day of delay.
On the other hand, however,