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1. As to KRW 430,560,00 and KRW 340,184,00 among the Plaintiff, the Defendant shall start on October 13, 2017, and the remainder of KRW 90,376.
Reasons
1. Facts of recognition;
A. The Plaintiff’s construction price of KRW 572,00,000 (excluding value-added tax) for the Defendant on February 9, 2017 and the construction period from February 9, 2017
6. By 30.30. A contract was concluded for the construction of C commercial housing (hereinafter “instant building”) (hereinafter “instant contract”).
B. The rate of liquidated damages under the instant contract is 1/100, and the Defendant agreed to pay the construction price to the Plaintiff by multiplying the delayed number of days and the liquidated damages rate if the construction is delayed.
C. By February 13, 2017, the Plaintiff paid 150,000,000 won for down payment to the Defendant, and upon the Defendant’s request for advance payment, paid 435,000,000 won in advance until June 14, 2017.
As the Defendant failed to complete the construction by the date of completion of the contract of this case, on August 21, 2017, the Plaintiff notified the Defendant of the cancellation of the contract of this case and the cancellation of the condition of suspension to the effect that if the construction is not resumed by August 21, 2017, the notification was sent to the Defendant at that time.
E. The Defendant did not resume the construction under the instant contract by August 31, 2017.
F. Around March 2018, the Plaintiff entrusted the construction of the instant building to a new construction business operator for the same year.
5. 18. Use was approved;
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s contract in this case was rescinded as a result of the delay of the Defendant’s performance at a rate of 40%. As to the Plaintiff’s total construction cost of KRW 356,20,000 (= KRW 585,00,000 for the already paid price - KRW 228,80,000 for the already paid price - KRW 228,800 for the already paid price x 40%) and the delayed delay of KRW 184,184,00 for the delayed delay [=322 days after the date of the completion of the agreement (from July 1, 2017 until May 18, 2018) 】 the total construction cost of KRW 572,00,000 x the rate of KRW 1/540,000 for the delayed delay and the refund amount of KRW 184,00 for the instant case.