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1. Defendant E’s KRW 69,955,00 for the Plaintiff and KRW 20% per annum from September 4, 2014 to September 30, 2015.
Reasons
Basic Facts
Defendant E awarded a contract to Defendant C (Co., Ltd. D) for the construction of bathing houses in F at the time of smuggling.
(hereinafter “instant contract”). On August 2, 2013, Defendant C subcontracted the fire-fighting facility works (including fire-fighting machinery) during the said new construction works to Defendant B, and on September 2, 2013, the said subcontract was changed to the construction period from August 2, 2013 to November 30, 2013; the contract price of KRW 140,350,000 (excluding value-added tax); the warranty bond rate of KRW 10%; the warranty bond rate of KRW 2 years; and the liquidated damages rate of KRW 1/1,000.
(B) No. 1-2 and 1-2 of the instant fire-fighting subcontract (hereinafter “instant fire-fighting subcontract”). Defendant C subcontracted the construction of machinery and equipment during the said new construction to Defendant B on August 22, 2013; on September 2, 2013, the said subcontract was changed to the construction period from August 22, 2013 to November 30, 2013; the contract amount of KRW 752 million (excluding value-added tax); the contract amount of KRW 10,000,000 (excluding value-added tax); the warranty period of the defect liability period of the two years; and the delay compensation rate of 1,000.
(B) No. 1-2, Defendant B re-subcontracted the Plaintiff on August 29, 2013 with the construction period from September 1, 2013 to December 30, 2013; the construction amount of construction KRW 460 million (excluding value-added tax); the defect warranty liability rate of KRW 10 million; the defect warranty liability period of two years; and the liquidated damages rate of 1,000,000.
(A) Evidence Nos. 2, B, and 6-4 of the re-subcontract (hereinafter “instant re-subcontract”). G, the representative director of Defendant B, died on January 17, 2014 (around January 14, 2014, immediately before the death), and H, the outside director of Defendant C, was appointed as the representative director of Defendant B on January 14, 2014, and resigned on February 17, 2014, and thereafter, Defendant B’s representative is I, the managing director of G.
On January 29, 2014, Pream-si notified Defendant E of the approval for the use of the said new bath construction.
[Reasons for Recognition]