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(영문) 서울고등법원 2016.10.21 2016나2031099
손해배상(기)
Text

1. The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, shall be payable:

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts added or used by the court of first instance, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. Of the main contents of the instant construction contract in the third statement of the judgment of the court of first instance, the next second “12 million won” shall be read as “20 million won”.

B. The fifth portion of the judgment of the court of first instance “Determination on the claim for delay (from 5th to 14th page)” (from 9th to 4th page) is as follows.

“A. Determination on the Claim for Compensation for Delay 1) The Plaintiff asserts that, on April 22, 2014, the Plaintiff is obligated to pay the remainder of the construction work to the Plaintiff by May 24, 2014 through the Defendant’s subcontractor after notifying the Defendant of the termination of the instant construction contract, and the Plaintiff directly completed the construction work by May 24, 2014. As such, the Defendant asserts that the Plaintiff is obliged to pay the Plaintiff the penalty for delay 147,730,000 won for delay during the 85-day period from March 1, 2014, which is the day following the completion date stipulated in the instant construction contract, until May 24, 2014, the remainder of the construction work was completed (869,000 won x 0.2% x 85 days x 85 days x 86 days from the date after the date of completion of the construction contract, but the result of the termination of the construction work is suspended by the contractor from the completion date of the construction contract.

(See Supreme Court Decision 2009Da41137, 41144 Decided January 28, 2010, etc.). C.

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