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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On April 25, 2018, the Plaintiff concluded a contract with the Defendant, who is engaged in the construction business, etc., with the amount of “construction work” (hereinafter “instant construction work”): KRW 93,000,000 (contract deposit 1/2, remainder 1/2), construction period: 75 days from the date the contract deposit is paid, and liquidated damages: the amount calculated by dividing the total construction cost per day by the daily amount [i.e., KRW 1,240,000 per day (= KRW 93,00,000 ± 75 days)];
hereinafter referred to as "the contract of this case" is "the contract of this case"
(B) On April 25, 2018, the Plaintiff paid 46,50,000 won for down payment under the instant contract to the Defendant, and the Defendant completed the construction work under the instant contract. [The fact that there is no dispute over the grounds for recognition, entry of Gap’s evidence Nos. 1 through 4, 9, and 11, and the purport of the entire pleadings, as a whole.
2. Determination
A. 1) The Defendant agreed to pay the penalty for delay of KRW 1,240,00 per day of delay in the instant contract. The scheduled date of completion of construction work under the instant contract is from April 25, 2018 to July 9, 2018, which is 75 days after the Plaintiff paid the down payment to the Defendant, as seen earlier. In full view of the witness E and F’s testimony, etc., the Defendant’s construction work in this case was completed on July 24, 2018. Thus, barring any special circumstance, barring any special circumstance, the Defendant asserted that the instant construction work was completed on July 24, 2018 (from July 10, 2018 to July 24, 2018 to the date of completion of construction work under the instant contract, the Defendant claimed that the Plaintiff is liable to pay the additional penalty for delay of KRW 10,000,000,000 for delay in construction work (the Plaintiff’s claim for delay in construction work).
Domination, default on obligations.