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1. Of the judgment of the court of first instance, KRW 131,342,50 against the Plaintiff and its related amount from June 3, 2017 to November 12, 2019.
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. According to the facts of the judgment on the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the remainder of KRW 15,040,000,000,000,000 for the construction cost of the unpaid amount of KRW 166,00 ( KRW 66,00,000,000 for D Hospital) minus the Plaintiff’s repair cost of KRW 15,66,00,00 for the repair of defects, barring special circumstances.
B. On February 2, 2017, after the expiration of 33 days from December 31, 2016, the date the original scheduled date for completion of the subcontract agreement, the Plaintiff is obligated to pay the Defendant penalty for delay (114,345,000 won x 3/1,000 x 333 days). Therefore, the Defendant’s compensation for delay should be deducted from the contract price for delay at the rate of the original scheduled date for completion of the subcontract agreement on the hospital, and the Plaintiff agreed to deduct the compensation for delay equivalent to 3/1,00 of the contract price from the contract price, and the Plaintiff is obliged to pay the Defendant penalty for delay at the rate of 114,345,000 won (1.155,000 won x 3/1,000 x 333 days). However, it is reasonable to view that the aforementioned compensation for delay is in conformity with the objective rate of 10/1,000 of the subcontract agreement on the hospital.
However, the liquidated damages are the parties' status, purpose and contents of the contract, and the motives for liquidated damages.