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1. As to Defendant Daedae Construction Co., Ltd., Ltd., the Plaintiff at KRW 1,00,000,000 and its amount from November 29, 2013.
Reasons
1. Basic facts
A. On January 17, 2011, the Plaintiff awarded a contract to the Defendants for the construction of “the instant construction work” on the ground (hereinafter “instant construction work”) on the land (850-5, Dongbag-gu, Young-gu, Young-gu) 850-5, Jungdong-gu. The main contents of the instant contract (hereinafter “instant contract”) are as follows:
(Provided, That the term “A” and “B” mean the Defendants.
3. Period: Commencement on February 1, 201 and completion on July 31, 2012 (18 months, absolute air).
4. Contract amount: 5,885,000,000 won (value of 5,350,000,000,000 won, value-added tax of 535,00,000 won); and
5. Payment of the price: Cash payment according to the progress rate per month.
8. The rate of liquidated damages for delay: 0.1% (number of delay x contract amount x 0.1%) of the contract amount (number of delay x contract amount x 0.1%) under Article 11 (Extension of Construction Period) (1) In cases where the execution of construction is delayed due to reasons not attributable to “B” or “B” due to force majeure, etc., “B” may request “A” to extend the construction period.
(2) Where “A” approves an extension of the construction period under paragraph (1), no penalty for delay shall be imposed on “B” for the extension thereof.
Article 17 (A) (1) If a portion completed is specified in the contract, "B" may request an inspection of the completed portion, and in such cases, "A" shall be inspected without delay.
(2) "B" may request the amount of progress payment calculated based on the unit price of the result of an inspection under paragraph (1) and the detailed statement of construction price under Article 5, and "A" shall be paid as specified in the contract.
Article 20 (Performance Delay) (1) When construction work has not been completed within the deadline for completion, “B” shall pay to “A” the amount calculated by multiplying the contract price by the rate for liquidated damages for each number of days without delay (hereinafter referred to as “compensation for delay”).