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1. As to KRW 543,891,70 and KRW 470,917,70 among the Plaintiff, the Defendant shall be from February 16, 2019 to the day of full payment.
Reasons
1. Basic facts
A. On June 27, 2016, the Plaintiff, a company operating a sanatorium for older persons, ordered D Co., Ltd. (hereinafter “D”) to construct new facilities on the ground of Gwangju City to KRW 2,056,50,000 for construction of new facilities on the ground of Gwangju City.
B. When it was impossible for D to complete the project at the scheduled completion date agreed with the Plaintiff, the Plaintiff entered into a construction contract with the Defendant, a company operating the construction business, etc. (hereinafter “instant construction contract”) under the following terms and conditions, and the Plaintiff, D, Defendant, and F (the bank that provided a security loan to the instant construction project) agreed on November 27, 2017 to change the construction contract on November 27, 2017.
E E H I
C. From January 5, 2018 to March 30, 2018, the Plaintiff paid KRW 941,60,000 to the Defendant as specified in the following table as the contract price.
Cumulative payment amount of 235,400,00 235,400,00 2018-01-005 2018-01-005 335,400,000 2018-01-10,000 470,800,000 2018-01-29 235,400,000 706,200 235,400,000 235,400,000 200 235,40,000 203-213 135,40,000,000 135,40,000,841,600, 600, 2018-3030,000 30,010,000 304,000
D. On April 30, 2018, the Plaintiff asserted that “the instant construction contract is rescinded if the Defendant fails to complete construction works within seven days from the date of receipt of the notification by the Plaintiff,” that “the construction is suspended without any justifiable reason between 18 days (including January 2, 2018, February 13, and March 3, 2018) and the suspension of construction works again on April 23, 2018 after the resumption of construction works upon the Plaintiff’s request constitutes grounds for rescission of the contract under Article 34(1)1 and 4 of the General Conditions of the Construction Contract.” On April 30, 2018, the Plaintiff sent the Defendant a peremptory notice of performance and a notice of cancellation of contract, and the Defendant received the said notification on May 2, 2018.
E. By the date on which the Plaintiff notified the Defendant of the completion date of construction, as described in the foregoing Paragraph (d) ( May 9, 2018), the instant construction works are to be conducted.