(영문) 서울고등법원 2015.03.18 2013나8672 | 리걸엔진

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(영문) 서울고등법원 2015.03.18 2013나8672

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the above revoked part shall be applicable.

Reasons

1. Basic facts

A. On October 12, 2009, the Plaintiff concluded a contract with the Defendant on October 12, 2009, setting the construction cost of KRW 1,250,000,000 for construction period, from October 13, 2009 to July 31, 2010 for each of the construction works, with respect to “the instant construction work” (hereinafter “the instant construction work”).

B. On January 28, 2011, the Plaintiff and the Defendant entered into a modified contract under which the construction period of the instant construction is extended to March 31, 2011, and the construction cost is increased (hereinafter “instant modified contract”). The contract for the instant construction between the Plaintiff and the Defendant itself refers to the contract itself as a whole. As for the instant modified contract, the contract was entered into in the form of the contract stating the contract amount of KRW 2,660,000 as the contract amount of KRW 2,80,000 (Evidence 3) and the contract stating the contract amount of KRW 2,00,000 as the contract amount of KRW 2,80,000 (Evidence 5). After that, the Plaintiff and the Defendant agreed to additionally extend the construction period of the instant construction by the end of June 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 5, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. Although the Plaintiff’s assertion 1) had completed the instant construction work by the end of June 201 pursuant to the instant contract, the Defendant did not complete the construction work after leaving the construction site without permission on June 29, 2011. Accordingly, the Plaintiff notified the Defendant of the termination of the instant contract on September 22, 2011, and the notification was reached to the Defendant around that time. As such, the Defendant paid to the Plaintiff the penalty for delay from July 1, 2011 to September 22, 2011, KRW 670,320,000 (i.e., construction price 2,60,000 x contract price x contract rate 3/1,00 x 84 days).

유사 판례

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