손해배상(기)
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 514,870,065 among the Plaintiff’s counterclaim and KRW 355,796,935 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on September 24, 2016.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On September 2, 2015, the Plaintiff, a corporation, the purpose of which is construction business, entered into a contract with C (hereinafter “C”) for construction costs of KRW 11,990,000,000 with respect to new construction works and D new construction works, and between June 30, 2015 and October 30, 2016.
B. Thereafter, on March 14, 2016, the Plaintiff concluded a subcontract agreement with the Defendant, a corporation for the purpose of construction of reinforced concrete, and with respect to the structural construction of the said D-Newly constructed construction works (hereinafter “instant construction works”), on the basis of the construction amount of KRW 5,170,000,000, and the construction period from March 15, 2016 to August 31, 2016, on the basis of a rate of 1/1000 of the construction amount for delay compensation (hereinafter “instant construction contract”).
C. The termination clause of the contract related to the instant construction contract is as follows.
Article 38 (Cancellation or Termination of Contracts) (2) A principal contractor or a subcontractor may, when a cause falling under any of the following subparagraphs has occurred, notify the opposite party of the correction or implementation thereof in writing for a period of not less than one month, and when the correction or performance thereof has not been made within the said period, cancel or terminate all or part of this contract:
4. Where it is objectively deemed that the delivery of the object of construction is difficult within the delivery date because the subcontractor refuses the commencement of construction or delays construction without any cause attributable to the principal contractor, the contract specified in Article 38 of the Standard Subcontract Agreement for Construction Business under Article 14 of the Special Conditions for the Construction Contract is written in writing, but it appears that
(Cancellation and Termination of a Contract) If a construction project is not carried out in accordance with the schedule of scheduled processes attached to the contract with respect to the items, the contractor shall agree on the ratio of progress as follows, and where the items fall under any of the following items, the contractor shall be the subcontractor: