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1. The Defendant’s KRW 56,420,200 as well as the Plaintiff’s annual rate from August 26, 2016 to December 13, 2017.
Reasons
Basic Facts
A. The plaintiff is a company aimed at manufacturing and selling the surface treatment automation equipment, etc., and the defendant is a person engaged in manufacturing industrial machinery with the trade name "D."
On the other hand, the Intervenor joining the Defendant (hereinafter “ Intervenor”) is a person engaged in the manufacturing of electrical machinery with the trade name “E”.
B. On August 26, 2014, the Plaintiff entered into a contract with the Defendant to set the construction period from August 26, 2014 to December 25, 2014, with the construction period of the installation of one electronic tool (hereinafter referred to as “instant device”) on the second gold bullion in the business place of F Co., Ltd. (hereinafter referred to as “F”), by setting the construction price as KRW 2.96 million (excluding value-added tax) (excluding value-added tax).
(hereinafter “instant contract”). C.
Article 14 of the instant contract provides for the following:
Article 14 (Defect Guarantee. hereinafter the same shall apply) "B" (referring to "Defendant"; hereinafter the same shall apply) shall be responsible for warranty of defects for one year from the date the object is completed, and shall be remunerated at the request of "A" (referring to "Plaintiff"; hereinafter the same shall apply) at the time of occurrence of the defect.
Provided, That this shall not apply to failures that occur in the course of the use of Gap after the delivery, due to the intentional damage or negligence of Gap.
During this period, Eul shall perform its obligations within the period ordered by Gap, and in case of non-performance, Eul's expense may be repaired to Gap or to third parties.
On November 2014, the Defendant subcontracted the part of the program installation and electrical construction to the intervenors during the process of manufacturing and installing the instant devices.
E. After March 2015, the Defendant and the Intervenor completed the work of manufacturing and installing the instant devices at F’s workplace.
However, according to the completion of the manufacture and installation of the instant device after the lapse of 95 days, the Plaintiff is liable to compensate for delay the amount of KRW 296 million, which is 10% of the total construction cost with the Defendant.