Text
1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 28, 2015, the Defendant, from May 28, 2015, concluded that the contract amount of the damp-style construction work of the C building located in Si interesting City was KRW 227,00,000 (including value-added tax) and the construction period was from May 28, 2015.
8. up to 10.10, sewage was received under an agreement with 0.1% of the liquidated damages rate respectively.
(hereinafter “instant construction contract”). B.
On August 27, 2015, after the expiration of August 10, 2015, which was the date of completion of the agreement under the instant construction contract, the Plaintiff sent to the Defendant a certificate of the purport that the instant construction contract will be cancelled for reasons such as delay of construction, etc., and the Defendant also rejected the instant construction site on August 31, 201.
C. On September 1, 2015, the Plaintiff subcontracted the remaining construction work to D Co., Ltd. (hereinafter “D”), and D around that time, followed the instant construction site, and completed the remaining construction work on October 6 of the same year.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. (1) The agreement on compensation for delay shall be deemed to have been concluded for the purpose of completing the date of completion of the building as the contract for construction of the new building in question, and the agreement on compensation for delay shall be deemed to have been made by the contractor as the contract for the purpose of the completion of the construction of the building. Thus, unless the contractor completes the work within the agreed period and does not deliver it to the contractor, the contractor is obligated to pay compensation for delay (see, e.g., Supreme Court Decision 95Da18376, Sept. 5, 195), and the compensation for delay shall accrue from the date of completion of the agreement, but the termination date shall accrue from the date after the date of completion of the contract, but the contractor may cancel the construction due to the suspension of construction or other reasons for cancellation (not at the time of de facto cancellation) until the contractor may request another contractor to complete the construction.