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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from March 15, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On October 30, 2015, the Plaintiff concluded a contract with the Defendant by stipulating that, from October 30, 2015 to January 5, 2016, the construction period of the aggregate construction among the new construction works of the building consisting of 1 Dong, 2 Dong, 7 Dong, and 7 building (hereinafter “instant construction works”) shall be from October 30, 2015 to January 5, 2016; the contract amount of KRW 200 million (excluding value-added tax); the compensation for delay shall be 1/100 of the daily contract amount after the expiration of the contract period; the payment for delay among the construction works, the payment for delay shall be KRW 40,00,000,000 for each set, 60,000,000 for each set of construction works, and KRW 10,000,000,00
B. In addition, on October 30, 2015, the Plaintiff awarded a contract for the construction period of electricity and facility works among the new construction works of the said building from October 30, 2015 to February 28, 2016, with the contract amount of KRW 40 million (excluding value-added tax). On January 27, 2016, the Plaintiff concluded a contract with the Defendant as KRW 38,50,000,000 for the construction period from January 27, 2016 to February 27, 2016.
C. After that, the Defendant prepared an agreement with the Plaintiff to pay 300,000 won for liquidated damages in the event that the construction of the second floor string of the instant construction works is not completed by December 28, 2015 and the construction of the roof roof tower by January 6, 2016.
Around January 15, 2016, D, as the head of the instant construction site, who actually performed construction on behalf of the Defendant, was bound by the construction work and the Defendant was unable to comply with the agreed construction period, and the Plaintiff extended the construction period to the Defendant until February 5, 2016.
E. The Plaintiff paid the Defendant the instant construction cost of KRW 10 million on November 5, 2015, KRW 5 million on November 25, 2015, KRW 16,000,000 on December 16, 2015, KRW 17,000 on December 17, 2015, KRW 15,000 on December 18, 2015, KRW 500,000 on December 24, 2015, KRW 10 million on January 6, 2016, KRW 30 million on January 7, 2016, KRW 10 million on January 1, 2016, KRW 300,000 on August 16, 2018.
F. The Defendant’s expiration of February 5, 2016, the extended construction period.