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1. The Defendant shall pay to the Plaintiff KRW 99,50,000 and the interest rate of KRW 15% per annum from March 10, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. On August 1, 2016, the Plaintiff and C Co., Ltd. (hereinafter referred to as the “C”, and when referring to the Plaintiff and C, hereinafter referred to as the “Plaintiff, etc.”) entered into a subcontract agreement (hereinafter referred to as the “instant subcontract agreement”) with D to jointly perform the E Corporation (hereinafter referred to as the “F”). On August 16, 2016, the Plaintiff, etc. as the subcontractor and the subcontractor F, with respect to the subcontracted construction (hereinafter referred to as the “instant subcontracted construction”) during the instant construction period from September 1, 2016 to April 15, 2017, with respect to the subcontracted construction (hereinafter referred to as the “instant subcontracted construction”).
The main contents of the instant subcontract are as follows.
Article 9 (Field Agent) (1) The F shall appoint a field agent and notify the plaintiff, etc. in advance.
(2) Except where it is possible to place an on-site agent at two sites pursuant to Acts, he/she shall reside at the construction site and handle all matters on behalf of the F.
Article 25 (Cancellation and Termination of Contracts) (1) In any of the following cases, the plaintiff, etc. or F may cancel or terminate all or part of the relevant contract, if the contract is not implemented within the said period after giving a written peremptory notice, setting a period for the implementation of a vow (day or month):
1. Where the plaintiff, etc. or the F is deemed unable to achieve the purpose of the contract due to the violation of the terms of the contract;
2. Where it is clearly deemed that the construction work cannot be completed in the air due to any cause attributable to the F, such as dishonored bankruptcy.
3. When the plaintiff, etc. is unable to perform the work due to the violation of the terms and conditions of the contract without justifiable grounds;
4. If the F has failed to commence the construction even after the lapse of the period agreed upon without any justifiable reason;
5. Where the contract price has decreased by at least 40/100 as the plaintiff, etc. alters the contents of construction works.
B. F. On August 16, 2016, between the Defendant and the guaranty creditor.