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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 367,200,00 as well as to the Plaintiff from May 31, 2012 until May 22, 2014.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) received a contract from Defendant C Co., Ltd. (hereinafter “Defendant C”) for the construction of a logistics warehouse and office building (hereinafter “instant original construction”). On July 6, 2011, the Plaintiff was awarded a subcontract with Defendant B at the rate of KRW 2,970,000,000 for the construction cost and KRW 1/1,000 for the penalty for delay per day.
The Plaintiff completed the instant construction work on January 18, 2012.
B. On March 29, 2012, the Plaintiff and Defendant B drafted a statement of settlement and payment undertaking (hereinafter “certificate No. 2”) with the following contents as follows, and at the end of the undertaking, the Plaintiff written the Defendant C’s seal impression as “the contractor,” and then printed the above Defendant’s seal impression (this commitment is written in the way that the Plaintiff and Defendant B affixed their seal and written their own seal) on the documents which copied part of the original undertaking with Defendant C’s seal affixed thereto, and then, Defendant D, as the director of the instant corporation, written that “Liability: DES 108, 205, Nam-gu, Busan Metropolitan City, Busan, 205,” with Defendant D, who is in charge of the instant work, as the director of the instant corporation.
The contractor B and the subcontractor shall settle and pay the following accounts with respect to the steel-frame construction among the C logistics warehouse and the new construction of the office building project subcontracted by the contractor B and the contractor A, on July 6, 2011:
1. Payment of daily gold KRW 493,000,000,000, which is the balance of the contract amount, shall be made on the following settlement and payment date as follows:
2. The first settlement and payment date of the settlement and payment date: April 6, 2012 (the date scheduled to receive the completed payment at other site): April 13, 2012 (within 15 days after completion of construction): the person ordering the second representative director responsible for the payment.