(영문) 전주지방법원 2019.08.16 2018가단239 (1)

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(영문) 전주지방법원 2019.08.16 2018가단239 (1)

청구이의

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The Plaintiff asserts that the Plaintiff should issue the above tax invoice to the Plaintiff and compensate for the damages caused by the non-issuance of the tax invoice, on the ground that the Plaintiff incurred KRW 27,543,523 due to the Defendant’s failure to generate the tax invoice, as to the construction cost of KRW 100,000,000 paid to the Defendant.

However, according to the termination agreement concluded on May 13, 2016 between the Plaintiff and the Defendant (Evidence A No. 1-4), the Plaintiff and the Defendant agreed that “a creditor shall normally incur an invoice with respect to the deposited amount excluding the payment amount of KRW 100,000,000,000 for the fixed payment of KRW 1,00,000.”

Therefore, we cannot accept the Plaintiff’s claim for this part against such an agreement.

The plaintiff asserts that the defendant has a duty to pay the liquidated damages of KRW 27,512,00 by applying 1/100, which is the rate of liquidated damages for delay, as the defendant delayed construction works for 181 days.

The construction period of the instant construction project is from March 11, 2013 to July 30, 2013 (Evidence 1-2) and from January 27, 2014, when approval for use of a building that must be granted from March 11, 2013 to July 30, 2013 (Evidence 5) is deemed to have been delayed for a considerable period of time.

However, in order to claim the compensation for delay applied the rate of compensation for delay, there should be a separate agreement on it, and in the absence of such an agreement, it is inevitable to claim the compensation for delay by proving the actual loss caused by the delay of construction

However, since there is no evidence to prove that there was an agreement between the plaintiff and the defendant on the payment of liquidated damages, the plaintiff's claim for this part cannot be accepted

The plaintiff filed a claim for damages due to non-execution, because the defendant did not perform his/her work, is liable for a penalty equivalent to 10% of the construction cost.

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