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1. The Defendant’s KRW 16,435,00 for the Plaintiff and KRW 5% per annum from December 11, 2018 to April 17, 2019.
Reasons
1. Facts of recognition;
A. On March 8, 2016, the Plaintiff entered into a contract with the Defendant for the supply of automobiles with the content that the Defendant manufactures and delivers to the Plaintiff the compactspact container shower vehicle (hereinafter “instant vehicle”) equipped with a pressurer by March 31, 2016, and the Plaintiff shall pay 6,4350,000 won to the Defendant (hereinafter “instant contract”).
B. The Plaintiff paid the full amount of KRW 6,4350,000 to the Defendant.
C. On April 28, 2016, the Defendant: (a) while manufacturing the instant vehicle and running a trial to deliver it to the Plaintiff, the parts connected to the loaded and fluorted fluor connected to the Plaintiff were destroyed.
Accordingly, the defendant brought back the instant vehicle, but did not repair its defects, and the plaintiff has brought back the instant vehicle to its own state around March 28, 2017.
Article 5 of the instant contract provides that the Defendant’s payment of penalty of 3/1,000 of the daily contract amount shall be made in the event that the Defendant fails to comply with the production payment period, but shall not exceed 10% of the contract amount.
[Grounds for Recognition] Unsatisfy, each entry or video of Gap 1 through 4 (including each number), and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the Defendant shall be deemed to have completed the manufacture and delivery of the instant vehicle until March 28, 2017, even though the payment period for the manufacture of the instant vehicle on March 31, 2016 under the instant contract was March 31, 2016. Therefore, according to the agreement for liquidated damages under Article 5 of the instant contract, the Plaintiff is liable to pay liquidated damages for delay arising from the delayed manufacture and delivery of the instant vehicle.
As to the amount of penalty for delay, from April 1, 2016 to March 28, 2017, 70,077,150 won (i.e., 363 days x 64,350,000 x 3/1,000) or according to the provisions of Article 5 of the contract of this case, the amount of penalty for delay cannot exceed 10% of the contract of this case. Thus, the Defendant is ultimately.