Text
1. The part of the lawsuit in this case is dismissed.
2. The defendant shall pay to the plaintiff KRW 64,609,656 and its related costs.
Reasons
Basic Facts
Conclusion of a subcontract related to relocation works of the Korea National Police University and a subcontract agreement for construction suspension;
5. Period of construction: From March 03, 2014 to April 02, 2016.
6. Contract amount: value-added tax on the labor cost pursuant to the Construction-related Acts and subordinate statutes, of KRW 3,92,179,500,000,000 won in daily gold, KRW 9,447,140,841; the value-added tax on the labor cost pursuant to the Construction-related Acts and subordinate statutes, of KRW 8,58,588,300,000,000,000 won in daily gold ( KRW 858,830,986); and
7. Warranty bond rate: The warranty bond rate of 5% of the contract amount: Article 23 (Defect Security) (1) of the terms and conditions of the subcontract for the construction works in 120 months after completion shall be paid to the defendant in cash or by the following certificates from the date of completion inspection until the payment of the price for the relevant construction works:
1. Certificates issued by the construction mutual aid association, specialized construction mutual aid association, facility mutual aid association, electrical construction mutual aid association, and information and communications mutual aid association;
2. Surety insurance policy;
3. Above
6. The warranty bond for the part which was completed as part of the inspection shall be paid to the defendant under Article 23 (1) if the contract is rescinded or terminated on the grounds as referred to in the subparagraphs of paragraph (1) of this Article.
On March 3, 2014, the Defendant entered into a subcontract for construction steel-frame concrete works (hereinafter “instant police squad”) and two sections (hereinafter “instant police squad”) among the new construction works to be relocated to the Korea National Police University (hereinafter “instant subcontract”), and the details relating to the instant case are as follows.
In concluding the contract as above with the Defendant, Samnaec will delay and delay materials, equipment, wages, oil expenses, etc. required for the construction during the performance of the instant police agency construction on the same day for at least one month.