손해배상(건)
1. The Defendant (Counterclaim Plaintiff) paid KRW 10,208,025 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from September 25, 2015 to September 22, 2017.
A. On June 1, 2014, the instant construction agreement entered into on June 1, 2014 (hereinafter “instant construction agreement”). The key contents of the instant construction agreement are as follows: (a) the construction agreement to construct the F (hereinafter “instant building”) in total amount of construction cost of KRW 286,453,200 (including value-added tax).
The Construction Contract of this case
1. 2. (Omission)
3. Period: August 31, 2014 after completion of construction, June 1, 2014, from the commencement date of 120 days from the commencement date.
4. Contract amount of 260,412,00 won (excluding surtax), 286,453,200 won (including surtax);
5. Prepaid amount of KRW 78,123,00 (contract deposit), KRW 85,936,00 (including surtax).
6. Detailed description of the timing and method of payment of completed portion and method thereof No. 22 of the specifications, shall be recorded separately.
7. Three years after the defect repair liability period, completion or occupancy.
8. The rate of liquidated damages for construction works, which shall be 0/1000 per day (36.5% per annum).
9.(i)in the event of delay in the payment of the completed portion, either (ii) in the interest of 36.5 per annum or (ii) in the construction period extended (number of delayed days*1);
Article 22 (Payment of Price for Construction Works)
1. (Omission)
2.A “Plaintiff” shall pay the cost of construction before receiving the object of the contract, unless there is a special defect.
3. The schedule for the payment of intermediate payments shall be 40% at the time of the establishment of an external window, and 30% at the time of the completion of the work.
4. Where the payment of the price for the construction fails to be made within the payment deadline, the unpaid amount shall be paid by applying the overdue interest rate applied to the general loan of commercial banks to the number of days from the day following the payment deadline until the payment date;
H. The Plaintiff paid the Defendant the down payment of KRW 85,936,00 (including value-added tax) on July 28, 2014, and the intermediate payment of KRW 114,581,280 (including value-added tax) (including value-added tax) on September 1, 2014.
I. The Plaintiff on February 10, 2015.