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1. The Defendant’s KRW 167,731,730 as well as its annual 6% from March 22, 2016 to November 30, 2016, and the following.
Reasons
1. Facts of recognition;
A. On July 11, 2014, the Plaintiff entered into a contract with the Defendant for the construction of a new commercial building building in Kimcheon-si, the construction cost of KRW 346 million on the date of commencement, July 16, 2014 on the date of commencement, and December 20, 2014 on the date of completion of the completion of the project, and 1/1000 on the liquidated damages rate (hereinafter “instant contract”).
B. Around December 2014, the Defendant issued an additional construction project equivalent to KRW 23 million in total.
C. Around July 28, 2015, the Defendant obtained approval for the use of the commercial house.
As a repayment of the above construction cost, the Plaintiff paid a sum of KRW 460,611,730 as shown in the attached Form to the Defendant and its subcontractors.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, and 4 (including paper numbers), and the purport of the whole pleadings
2. Determination
A. (1) According to the above facts, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 91,611,730 (=460,611,730-( KRW 23 million) paid in excess of the construction cost). (2) In addition to the payment of the construction cost as indicated in the attached Form, the Plaintiff asserts that the Plaintiff paid the construction cost of KRW 494,400 as of October 20, 2014, and KRW 50,000 (cash) and KRW 50,000 (cash) as of June 26, 2015 and KRW 50,000 (cash) as of August 10, 2015, and there is no evidence to acknowledge that the Defendant agreed to pay the above construction cost to the Defendant. (2) The Plaintiff’s assertion is without merit.
B. As to the claim for liquidated damages, when the Defendant did not complete the construction within the construction period, the Plaintiff agreed to pay the Plaintiff the liquidated damages calculated at the rate of 1/1000 of the total construction cost per day per delay per construction site. As seen earlier, the approval for the use of the foregoing commercial building housing was made on July 28, 2015, which was the date from December 20, 2014 to 220 days after the completion date of the instant contract.
According to the above facts, the defendant shall delay the above construction work for the plaintiff.