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1. The Defendant: (a) KRW 24,227,382 to the Plaintiff and KRW 6% per annum from December 16, 2012 to October 23, 2015.
Reasons
1. Basic facts
A. (1) On March 27, 2012, the Plaintiff entered into a contract with the Defendant to set the period of construction of reinforced concrete construction works among the A-built construction works contracted by the said Defendant from the Suwon Desiring School Love Co., Ltd. (hereinafter “Chwon School Love”), as KRW 1.33 billion in the construction amount (including value-added tax) from March 26, 2012 to September 30, 2012, and each Plaintiff as subcontracting period.
(2) On April 19, 2012, the Plaintiff and the Defendant entered into a contract with each of the following parties: (a) on the construction period for reinforced concrete construction works among B construction works contracted by the said Defendant from an advanced steel source, a military base, etc. (hereinafter referred to as “advanced steel base”) to November 20, 2012; and (b) the construction amount of KRW 1.639 billion (including value-added tax) to each of the Plaintiff as subcontracting period.
(3) In light of the fact that there is no signature between the plaintiff and the defendant on the terms of the contract included in the above contract and the contract, the plaintiff alleged that the terms of the contract were not incorporated into the contents of the contract. However, according to the overall purport of the statement and arguments in the evidence Nos. 1, 2, 2, 25, 26, and 27 of the contract, the above terms of the contract are included in each of the contracts of this case, and it is reasonable to deem that the plaintiff and the defendant were electronic signature at the time of the contract. Thus, the plaintiff's above assertion cannot be accepted.
The main contents of the following shall be as follows:
[Contract]
6. Payment of the price;
(b) Method of payment (1) within 60 days from the date of receipt of an object (2) : B2B Electronic Resolution 100%: 0.1% of the contract amount per day immediately preceding the date of delay : (1) If the Plaintiff fails to complete the construction by the deadline for completion as stipulated in the contract, the amount shall not exceed the amount calculated by multiplying the contract amount by the rate of liquidated damages as stipulated in the contract and the number of delayed days.