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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
Reasons
1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion;
A. The plaintiff asserted that the defendant paid only the price for delay compensation, advance payment interest, and the remainder after deducting the outstanding amount from the price for the goods of the high-speed vehicle of this case as the price for the goods. The above liquidated damages, interest on advance payment, and credit for interest on outstanding amount are unfair for the following reasons, and thus, the plaintiff claims the payment of unpaid amount and damages for delay.
1) On the date when the Plaintiff completed the delivery of the instant high-speed vehicle, as the date of the completion of the test for test run, the Korean Railroad Engineering issued a certificate of examination to the Plaintiff. Accordingly, there is no room to incur delay damages thereafter, and the delay in the process that is not attributable to the Plaintiff during the test for test run shall be deducted from the number of delayed days, and the delay penalty imposed by the Defendant shall be reduced as excessive in terms of the estimate for damages. (ii) There is no room to incur delay damages for the formation of the first-class class and fourth class, the principal for calculating the interest on advance payment, or there
3. There is no contractual or legal basis under which the Defendant imposes interest on the outstanding amount.
B. The fact that the Plaintiff supplied the Defendant with the instant high-speed vehicle does not in itself dispute between the parties.
In the absence of special circumstances, the Defendant is obligated to pay to the Plaintiff the price for the goods unpaid with respect to the instant high-speed vehicle and its delay damages.
The defendant paid only the remainder after deducting the penalty for delay, interest on advance payment, and interest on the outstanding amount from the price of the goods. The interest on advance payment and interest on the outstanding amount are premised on the penalty for delay.
Therefore, after determining the occurrence and scope of the penalty for delay under the instant contract, interest on the advance payment and the outstanding amount are based on this.