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1. The Defendant shall pay to the Plaintiff KRW 8,711,775 as well as 36.5% per annum from November 1, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On July 6, 2015, the Plaintiff (contractor) entered into a new factory construction contract with the Defendant (contractor) as follows (hereinafter “instant construction contract”).
- Construction: - Construction of a new construction of a factory: Daejeon Metropolitan Government - The date of commencement: July 10, 2015 - the date of completion scheduled: the contract amount: 162,800,000 won (including value-added tax) - Prepaid gold: 65,120,000 won (including value-added tax): 40% at the time of the entry into the team, and 20% within two weeks after the completion: 1/1,000 - The rate of liquidated damages: 1/1,000 for delayed payment: 1/1,000 for delayed payment.
B. After completing construction under the instant construction contract, the Plaintiff obtained approval for the use of a newly built factory on October 16, 2015 (hereinafter “instant factory”).
C. Of the construction cost under the present construction contract, the amount that the Defendant did not pay is KRW 3,168,000.
[Ground for Recognition: Unsatisfy, Evidence A No. 1-5, Purport of the whole pleadings]
2. Determination
A. Unless there are special circumstances as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 36.5% per annum from November 1, 2015 to 36.5% per annum, as claimed by the Plaintiff, after the lapse of two weeks after the completion of the construction work.
B. The judgment of the defendant as to the defendant's assertion (1) contains several defects (including pre-construction and erroneous construction) as shown in the attached Table in the factory of this case executed by the plaintiff, which were offset against damages claim - 14,502,625 won due to defects, and the expenses incurred in repairing them are as listed in the attached Table, except for the following modifications:
[Attachment D’s appraisal result, and replys to the request for supplementation of the appraisal on May 24, 2018] Of the items indicated in the attached Table, the Plaintiff will look at the following in detail, focusing on the part specifically disputed by the Plaintiff.
1) Attached Table A-10: The part not installed on the part of the stairs Corporation: The Plaintiff shall be the part excluded from the attachment of the evidence No. 1.