손해배상
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 113,628,00 and KRW 33,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on December 1, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
In order to operate a factory leasing business on January 16, 2017, the Plaintiff concluded a contract with the Defendant who operates a construction business, etc. on January 16, 2017, and with respect to the construction of a new factory on the Seo-gu Incheon Metropolitan Government Land Corporation (hereinafter “instant First Corporation”), with respect to the contract amount of KRW 810,000,000 (excluding value-added tax), from January 31, 2017 to April 30, 2017, with respect to the construction period of KRW 1/1,000 (hereinafter “instant Second Corporation”) and with respect to the construction of a new factory on the Seo-gu Incheon Metropolitan Government D ground (hereinafter “instant Second Corporation”), and concluded a contract to set the contract amount of KRW 730,000,000 (excluding value-added tax), from January 31, 2017 to April 30, 2017 to April 1, 1,000.
(2) On April 28, 2017, the Plaintiff entered into a contract with the Defendant for modification of the completion plan of each of the instant contracts on August 5, 2017.
On October 12, 2017, the Defendant drafted a written confirmation of the following contents (hereinafter “the instant certificate”) and a loan certificate (hereinafter “the instant certificate”) with the Plaintiff, respectively. On October 13, 2017, the Plaintiff and the Plaintiff entered into a contract with the Plaintiff to specify the completion plan for the instant construction and the secondary construction as KRW 810,000 per day (= contract amount of KRW 810,00,000 x 1/1,000) with respect to the said first construction at the same rate as the liquidated damages for delay as the first time, on the ground of the amendment to the terms of the contract.
By November 30, 2017, the completion of the instant 1 and 2 construction works shall be made until November 30, 2017, and 1. The Corporation shall proceed with the Defendant and pay KRW 68,92,113 (including value-added tax) from the Defendant among the total construction cost of KRW 423,92,113 (including value-added tax) and the owner agrees to directly pay the subcontractor KRW 35,00,000.
2. The work progress with respect to the above part.