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1. Defendant A’s KRW 50,820,00 and the Plaintiff’s annual rate of KRW 5% from March 3, 2015 to November 17, 2016.
Reasons
1. Basic facts
A. 1) Middle Sea Construction Co., Ltd. (hereinafter “China Sea Construction Co., Ltd.”)
(2) On March 14, 2012, the Corporation newly constructed D on the ground of the Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter referred to as the “instant Corporation”) from the Seoul Special Metropolitan City (hereinafter referred to as “the instant Corporation”).
(2) From Jun. 21, 2012, the Plaintiff was awarded a subcontract for the construction cost of KRW 670,000,000, and the construction period of KRW 2,065,156,000, and from Mar. 16, 2012 to Nov. 10, 2012 (hereinafter “instant civil engineering works”) for civil engineering and reinforced concrete construction works among the instant construction works (hereinafter “instant civil engineering works”) as the construction cost of KRW 670,00,000, and the construction period of KRW 2,065,156,000 from Jun. 21, 2012 to Oct. 30, 2012; and KRW 1/1,000 per day for delay penalty of KRW 1,00.
3) On June 21, 2012, the Plaintiff and Defendant A entered into a contract on the instant construction project with the following terms (hereinafter “instant construction participation contract”).
(b) Execution participant contract;
1. Construction name: Earth and reinforced concrete construction works among D construction projects;
3. The place of construction: Jeonnam-gun C.
4. Period: From June 21, 2012 to October 30, 2012;
5. Contract amount: The contract amount of KRW 660,00,000 (Evidence A 8) is stated as KRW 599,090,910; however, there is no dispute between the parties that the contract amount was set at KRW 660,000,000.
6. Payment of the price;
(a) Advance payments: Within 15 days after receipt of such advance payments;
(b) A completed amount: Within 15 days after the receipt of the completed amount (in cash of a full amount); and
8. Warranty period: up to the warranty period of the contractor.
9. The rate of liquidated damages for delay: The defendant A (person) who participated in the execution of the plaintiff (person) on June 2012, 200 of the daily contract amount.
B. 1) Defendant A, after entering into the instant contract for participation in the construction, employed both the parts and sub-contractors, practically performed the instant civil construction work. 2) From July 10, 2012 to November 20, 2012, Defendant A paid the Plaintiff KRW 422,400,000 out of the price of the instant civil construction work, and from February 8, 2013 to June 14, 2013, Defendant A paid the Plaintiff KRW 422,40,000 out of the price of the instant civil construction work.