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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant promoted a new hotel construction project on the land of Yeonsu-gu Incheon Metropolitan City (hereinafter “instant hotel”) on March 18, 2013. On March 18, 2013, the period of construction from April 1, 2013 to March 31, 2014, the contract amount of KRW 12,201,750,00 (including value-added tax), and the liquidated damages rate of KRW 1/100.
The construction period under the above contract was changed by May 31, 2014, and again by July 31, 2014, and finally changed by July 31, 2014.
(hereinafter “instant contract”). (b)
From April 9, 2013 to July 25, 2014, the Defendant paid KRW 8,494,268,040 in total to E as the construction cost under the instant contract, and agreed with E to exclude KRW 770,436,030 that the Defendant had to dispose of the instant new hotel in direct payment from the construction cost under the instant contract.
C. On December 2, 2014, registration of preservation of ownership in the name of the defendant was completed on the instant hotel building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The plaintiff's assertion
A. The construction price under the instant contract is KRW 12,201,750,000, and the expiration date of the construction period of the instant new hotel construction works is September 30, 2014. Since the instant hotel was completed on December 2, 2014, the penalty for delay corresponding to 94 days that was delayed is KRW 114,696,450 (12,201,750,000 x 94 days x 1/1000).
Therefore, the construction cost to be paid by the Defendant to E is limited to KRW 12,087,053,550, and the construction cost already paid by the Defendant to E under the instant contract is KRW 8,494,268,040, and the amount agreed by the Defendant to pay in direct payment related to the instant new hotel construction work is KRW 770,436,030, and the construction cost to be paid by the Defendant to E remains KRW 2,82,349,480.
B. The plaintiff is called E.