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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked.
Reasons
1. Facts of recognition;
A. On June 15, 2017, the Plaintiff entered into a contract with the Defendant who operates a personal business entity called “D” and the Defendant who entered into a contract with the head of Suwon-gu, Suwon-gu, Suwon-si, under which the construction cost of KRW 155,000,000 (including value-added tax) for the construction work for the 2,3, E reading rooms located in Suwon-gu, Suwon-si, and the construction period from June 19, 2017 to July 20, 2017 (hereinafter “instant construction contract”). The main contents are as follows.
1) Construction cost: On June 2, 2017, the down payment of KRW 31,00,00 on the date of the contract, KRW 46,50,00 for the intermediate payment of KRW 46,50,00 for the first time on June 22, 2017, and KRW 31,000 for the remainder following the completion date of the construction: (ii) The construction cost is the temporary installation work, installation work, wood and lighting work, electricity and lighting work, fire fighting work, ventilation work, irrigation work, furniture work, system work, signboard work, etc., and other construction work, and the Defendant delayed the construction without justifiable grounds, the payment of KRW 70/1,00 for each of the construction cost to the Plaintiff (Article 13 of the General Terms and Conditions of the Contract). The Plaintiff paid KRW 70,000 for each of the instant intermediate payment of KRW 30,000 for each of the instant construction work to the end of 70,701.
2. The parties' assertion and judgment
A. (1) The Plaintiff did not complete the instant construction works until July 20, 2017, which was the deadline for construction. As such, pursuant to Article 13 of the Agreement, the Plaintiff was liable for liquidated damages for 51,150,000 won for liquidated damages for 165 days from July 20, 2017 to December 31, 2017 (15,000,000 won x 2/1000 x 165 days and 165 days from January 1, 2018.