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1. The Defendant’s KRW 23,664,044 as well as the Plaintiff’s KRW 6% per annum from October 24, 2014 to March 24, 2016.
Reasons
1. Facts of recognition;
A. On May 2, 2013, the Defendant entered into a subcontract (hereinafter referred to as the “instant contract”) with Nonparty Eththimera Co., Ltd. (hereinafter referred to as “Ethimera”) on “the construction of a small engine Hd SUB assembly (hereinafter referred to as “instant construction”) among the two factories, and the main contents thereof are as follows.
- Contract amount: 790,000,000 won (excluding value added tax) - Payment period: On-site entry ( July 15, 2013) establishment and the final completion of trial operation ( August 11, 2013): - Contract deposit (20%) after the completion of contract and the completion of customer (20%) revenues: After the completion of first intermediate payments (30%): us (Defendant): After the completion of trial operation and the completion of customer deposits - The second intermediate payments (40%) after the completion of customer's operating and the completion of customer deposits - The balance (10%) after the completion of customer's operating and the completion of customer deposits: FAC final completion certification and after the completion of customer's operating and the completion of customer deposits;
B. On March 13, 2014, the non-party company was declared bankrupt. On July 8, 2015, the bankruptcy trustee of the non-party company entered into a contract with the Plaintiff on the transfer of the remainder of the construction work under the instant construction contract and the claims for additional construction costs of KRW 83,810,400 against the Defendant of the non-party company. On July 28, 2015, the notice of the transfer of the remainder of the construction contract was issued to the Defendant.
C. Under the instant contract, the Defendant paid the down payment, the first intermediate payment, and the second intermediate payment to the non-party company in accordance with each phase of progress. Meanwhile, the non-party two infrastructure Co., Ltd, who contracted the instant construction to the Defendant, verified the final completion of construction on November 26, 2013, and completed the payment to the Defendant on December 4, 2013.
The compensation for delay incurred by the non-party company due to delay in the payment period during the instant construction work by the non-party company shall be KRW 10,383,516, 10,000,000, and the expenses for ordering construction and follow-up management of assembly equipment shall be KRW 10,00,000,000, and the total contract amount shall be KRW 869,000.