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1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant) with KRW 8,893,458.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the ground of the judgment of the court of first instance, except for the following “the part used by the court of second instance”. Thus, it is acceptable in accordance with the main sentence of
2. Of the judgment of the court of first instance, the part which was accepted after the dismissal, the judgment on the ground of counterclaim No. 9 No. 1
B. The portion of the claim for delay compensation shall be described as follows:
B. 1) The Plaintiff and the Defendant agreed on January 22, 2016 to the completion date of the instant building’s completion date as stated above. According to the evidence No. 2, the Plaintiff agreed to pay the liquidated damages equivalent to 2/100 of the construction cost per day if the completion of the instant building is delayed.
B. According to the following facts and circumstances, the Plaintiff’s construction of the instant building was completed on January 26, 2016, the day immediately before the Defendant commenced a survey on the access road portion of the instant building, and there is no evidence to prove otherwise that the last process was not completed until April 4, 2016, when the approval for use was obtained.
(1) The completion date of penalty for delay shall be the date on which the building is delivered after completion.
The criteria for distinguishing between the failure to complete construction works and the defect in the construction of a new building shall be deemed to have been completed if the construction has not completed the last process scheduled to be interrupted, but the construction shall also be deemed to have been completed, if it has not completed the last process scheduled to be completed.
The structural part is constructed as agreed and completed as a building by social norms, but if it is required to repair it due to incomplete defects, the construction is completed, but there is a defect in the object.