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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. Basic facts
A. On November 28, 2013, the Defendant entered into a contract under which the Plaintiff and the Defendant would enter into an agreement with the Plaintiff to pay the Plaintiff an amount calculated by multiplying the rate of 1/100 of the liquidated damages under the contract amount by the contract amount (hereinafter “instant agreement”) for the construction cost of KRW 363 million (excluding value-added tax) and the construction period of January 30, 2014 (hereinafter “instant contract”). In the event the Defendant fails to complete the construction within the agreed period, the Defendant agreed to pay the Plaintiff an amount calculated by multiplying the rate of 1/100 of the liquidated damages under the contract amount by the contract amount (hereinafter “instant agreement for liquidated damages”).
B. The Plaintiff paid a total of KRW 220 million to the Defendant on November 29, 2013, KRW 110 million, KRW 77 million on December 17, 2013, and KRW 220 million on January 3, 2014.
C. However, around January 29, 2014, the Defendant discontinued construction on the ground that the Plaintiff did not pay the advance payment agreed upon. On February 17, 2014, the Defendant sent to the Plaintiff a letter of content-certified mail demanding the termination of the instant contract and the payment of construction cost equivalent to 70%, which is the high interest rate of the construction period of the instant construction work, and that time reached the Plaintiff.
On February 19, 2014, the Plaintiff: (a) sought the rescission of the agreement of the instant construction project; and (b) sent to the Defendant a letter verifying the content that the Defendant would claim damages to the Defendant if the Plaintiff did not express any intent to the Plaintiff within seven (7) days after the receipt of mail; and (c) reached the Defendant on February 20, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, and 6 (including serial numbers), the purport of the whole pleadings
2. Determination as to the claim for liquidated damages
A. The Plaintiff’s assertion by the party concerned is that the Defendant’s assertion by the Plaintiff is 50% of the construction of the instant case.