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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 12, 2012, the Defendant entered into a contract for construction works, etc. (hereinafter “new construction”), instead of a general construction company (hereinafter “new construction”).
between the Corporation and the Corporation, alternative Construction is a new construction and extension of a defendant factory (hereinafter referred to as the “instant construction”).
(2) The construction contract for the instant construction contract (hereinafter referred to as “instant construction contract”) under which the contract for the construction work cost of KRW 5.83 billion (excluding value-added tax) is concluded.
2) The main contents of the instant construction contract are as follows.
- The instant construction contract -
1. Name of construction: (B) New construction and extension works for a factory in the winter-gu season;
2. The construction site: The construction site is No. 596-8 Mai-ri, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
3. Date of contract: March 12, 2012.
4. Date of completion: August 31, 2012;
5. Contract amount: 5,830,000,000 won (excluding VAT).
6. Scope of contract: - The construction sector - Civil engineering, architecture, electricity, fire fighting, machinery supervision - Electricity, fire fighting, communications
7. The payment ratio of the terms and conditions of the payment for the payment under the payment classification (the original payment method) 20% at the time of the contract for the non-high-end down payment 20% at the time of the contract for the original payment 1,166,00,000 / 10% in cash 1,166,000 in cash 10% at the time of the first-end pre-payment 20% at the time of the 20th of March 2005 1,16,000 after the entry into the second-stage pre-printed pre-printed pre-printed pre-sale 20% at 1,166,000,000 on the 20th of June 20, 2006, the aggregate of 1,166,000% after the completion of the remainder on 1,00,0000,000 August 30, 1008
8. Defect repair rate: 2% of the contract amount.
9. Warranty liability period: 10. Penalty rate for delay: 3/100 per day (in bulk) 3/100 per day, and 14. (in the case of the implementing company related to the new construction and extension of the moving-in factory and the moving-in factory, the joint and several sureties shall be performed.
(B) On April 10, 2012, the Defendant paid KRW 2.5 billion in total, including the down payment of KRW 1.288 billion on April 2, 2012, the down payment of KRW 1.26 billion on July 2, 2012, and KRW 1.2882.65.2 million on July 2, 2012. (B) The Plaintiff entered into a subcontract construction contract and a direct payment agreement of KRW 1) with another construction company on April 10, 2012, and between the Plaintiff and the instant construction company on April 10, 2012, and the Plaintiff below the steel frame construction during the instant construction.