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1. The judgment of the court of first instance is modified as follows.
Defendant’s KRW 516,968,190 and its weight, 124,379.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a contract for a construction project on August 18, 201, the Hyundai Industrial Corporation (hereinafter “Modern Industrial Corporation”) (hereinafter “Modern Industrial Corporation”).
between the Corporation and the Corporation for the FOSCO Mathratra (hereinafter referred to as the “Corporation”) is called the “instant Corporation.”
(A) As to the construction contract, the construction contract was entered into between USD 3,620,00 (i.e., USD 3,536,000 for equipment costs ($ 84,000 for supervisory services) and the construction period from August 18, 2011 to December 31, 2013 (hereinafter “instant construction contract”).
2) Article 4.2 of the instant construction contract provides that: (a) the Plaintiff shall pay 20% of the total cost of the facilities in advance within 30 days of receipt of the performance guarantee and the letter of guarantee for return of advance payment; (b) the amount equivalent to 70% of the total cost of the facilities in advance shall be paid in proportion to the transport document of the relevant facilities and within 15 days of receipt of customs documents; and (c) the remainder equivalent to 10% of the remainder shall be paid within 30 days from the date of issuance of the account statement of Hyundai Industrial Corporation, along with the confirmation of the Plaintiff’s acceptance;
3) Article 15.1 of the instant construction contract provides that the damages shall not exceed 5.1% of the contract amount corresponding to the delayed portion as the rate for compensation for delay of 0.1% for damages arising from the delay in delivery is set for 0.1% of the contract amount due to the delay in delivery. Article 15.2 of the instant construction contract provides that the damages shall not exceed 0.2% of the contract amount due to the delay in the issuance of a preliminary completion certificate and the damages shall not exceed 5% of the contract amount. (4) Article 17 of the instant construction contract provides that Hyundai Industry Corporation shall provide for the Plaintiff with a guarantee for performance of the contract amount equivalent to 10% of the total contract amount and shall provide that the damages shall not exceed 5% of the contract amount.