손해배상
1. The Defendant (Counterclaim Plaintiff) paid KRW 36,268,00 to the Plaintiff (Counterclaim Defendant) for KRW 36,268,00 and for this, from September 3, 2015 to May 12, 2017.
1. Basic facts: (a) the Korea Electric Power Corporation was awarded a contract for one of the instant construction sections (hereinafter “instant construction”) among the Busan Master District Power Distribution Complex Corporation, which was ordered by the Korea Electric Power Corporation; and (b) concluded a contract with the Defendant to re-subcontract the instant construction to the Defendant on March 2015; and (c) concluded the following summary contracts with the Defendant (hereinafter “instant contract”).
Article 2 (Scope of Business) (1) : The ordering authority of the Korea Electric Power Corporation. (3) The Korea Electric Power Corporation: the Busan Ulsan District / GS construction period: March 2015 to December 5, 2015: The scope of business shall be based on the design price of the Korea Electric Power Corporation and the amount of 69.72% of the contract amount, including all processes, other than the passing test and indirect construction costs, from the contract amount.
(2) Calculation formula = [(Design contractor price - Portable construction cost - Indirect construction cost - General management cost - profit)] 370,00,000 = [370,000- 70,539,894- - 168,768,139] x 69.72%] Article 4 (Business concerning On-the-spot Construction] (1) The defendant shall perform the construction works prescribed in the contract for construction works under his/her own responsibility.
(2) The defendant shall bear all the expenses for the number of persons who work for the commencement of works.
(3) The demand and supply of all tools, human resources, and materials used in the field shall be dealt with under the responsibility of the defendant.
If the defendant fails to complete the construction within the period specified in the construction contract, the plaintiff may deduct the penalty for delay calculated by applying the rate of the penalty for delay stipulated in the construction contract from the construction price.
Article 5 [Construction and Execution of Subcontracts (including Contracts for Supply of Materials)] (1) Contracts shall be concluded in the name of the plaintiff and the price shall be executed by the defendant.
(2) Materials delivery contracts shall be concluded and executed under the name of the plaintiff.
Article 8 (Request for Arbitration and Receipt) (1)