지체상금 등
1. The Plaintiff (Counterclaim Defendant) pays KRW 133,941,107 to the Defendant (Counterclaim Plaintiff).
2. The principal lawsuit of the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 7, 2011, the Defendant was awarded from the Plaintiff a contract with the Plaintiff for the construction of the Gangseo-gu Seoul Metropolitan Government (hereinafter “instant construction”) on the ground of the 665 commercial land in Gangdong-gu, Gangdong-gu, Seoul (hereinafter “instant building”) for the following content:
(1) The interest rate for delay shall be 0.3% of the contract amount for construction work, from October 31, 201 to December 31, 2012, and the interest rate for delay shall be 0.3% of the contract amount for construction work.
(2) The defendant may request the plaintiff to inspect the completed portion, and the plaintiff shall conduct an inspection without delay and notify the defendant of the result, and the plaintiff shall be deemed to have passed the inspection if no notification is made within 14 days.
The plaintiff shall pay the completed amount to the defendant according to the details of the inspection within 15 days from the completion date of the inspection.
(3) Where a plaintiff fails to pay the construction price within the due date, the unpaid amount shall be paid by adding a 20% overdue interest rate to the date of full payment from the day following the due date to the date of full payment.
B. On July 19, 2012, the Plaintiff and the Defendant changed the construction period to KRW 7,176,754,545 (excluding value-added tax), and respectively, from March 1, 2012 to April 30, 2013 (hereinafter “12-day delay”).
The plaintiff and the defendant agreed not to impose penalty for delay on the extension of the contract period when the plaintiff approved the extension of the contract period.
C. On June 26, 2013, the Plaintiff and the Defendant obtained a loan of KRW 2.5 billion from the Incheon Savings Bank, and agreed as follows.
(1) A defendant shall acquire approval for completion of construction by August 23, 2013.
② The Plaintiff shall deduct handling fees, interest expenses, attorney-at-law fees requested by the Incheon Savings Bank, additional expenses for trust fees, etc. when settling construction expenses to be paid to the Defendant.