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1. The Defendant: (a) KRW 285,60,000 for the Plaintiff and KRW 6% per annum from April 15, 2014 to May 27, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a company that is engaged in the business of constructing and selling commercial housing, and the company that is established by the owners of the land B in Gyeonggi-si (hereinafter “instant project site”) as a shareholder.
B. On February 11, 2013, the Plaintiff entered into a contract with the Defendant and the instant project site under which the construction of a neighborhood living facility and business facility (hereinafter “instant officetel”) is newly built (hereinafter “instant construction”) (hereinafter “instant construction”) to the extent that the contract amount is KRW 6.8 billion from February 1, 2013 to April 30, 2014; the rate of liquidated damages is 1/1,000; and the construction cost is to be paid once a month (hereinafter “instant contract”).
Article 27 of the General Conditions to be incorporated into the instant contract provides that "where the contractor fails to complete the construction within the deadline for completion, the contractor shall pay to the ordering person the amount calculated by multiplying the contract price by the rate of the liquidated damages specified in the contract for delay for each number of days shall be paid." Article 31(1) provides that "Where it is evident that there is no possibility that the contractor may complete the construction within the deadline for completion due to any reason attributable to the contractor's responsibility (Article 31(2)), where the contract period is extended and there is no possibility that the contractor may complete the construction even if the contract period is extended (Article 3) or where it is deemed that the contractor could not achieve the purpose of the contract due to any violation of the contract terms
C. On April 10, 2013, the Defendant commenced the instant construction and continued the construction. The Plaintiff paid the Defendant the construction price of KRW 1,573,000,000, not later than January 1, 2014.
Around September 11, 2013, the instant construction project was underway, and the construction was discontinued on the ground that an aggregate shipbuilding company failed to receive the construction cost. Accordingly, the Plaintiff was the Defendant and the subsequent owner around October 23, 2013 and around 30.