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1.The judgment of the first instance shall be modified as follows:
Defendant KRW 2,190,94,150 among the Plaintiff and KRW 1,852,989.
Reasons
1. This part of recognized facts is cited as it is by the main sentence of Article 420 of the Civil Procedure Act.
However, since Article 24(1) of the General Conditions for the Purchase of Goods (Manufacture), which is a part of the contract of this case, is excluded from the application of the purchase of goods (manufacture) under Article 50(2) of the General Conditions for the Purchase of Goods (Manufacture), the decision of the court of first instance 4, the part of Article 24(1) of the General Conditions for the Purchase of Goods (Manufacture), 5,
2. Determination:
A. (1) Whether the provision on liquidated damages applies (1) since the instant contract constitutes a contract for the supply of manufactured goods and the subject matter of the contract falls under the subsidiary body to meet the Defendant’s demand, the instant contract also serves as the main purpose of the contract with the supply of the pertinent goods (see, e.g., Supreme Court Decision 2004Da21862, Oct. 13, 2006). Although the subject matter of the contract differs from the subject matter of the contract, the instant contract may reflect the standards for distinction between the failure to complete the new building and the defect and the legal principles on liquidated damages as follows.
The criteria to distinguish between the failure to complete construction works and the defect in a new building shall be deemed to have been completed if the construction has not completed the last process scheduled to be interrupted during the course of the construction. However, it shall be interpreted that the construction has been completed in accordance with the agreement and the main structural part is completed as a building under the social norms as agreed upon. However, if the construction is to be repaired due to incomplete construction, it is reasonable to interpret that the construction has been completed, but it does not include any defect in the object. Whether the last process scheduled in an individual case has been completed or not must be determined objectively in light of the specific contents of the contract and the principle of trust and good faith, regardless of the contractor's argument.
This standard is the completion of the contractor's completion of building construction contract.