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The defendant shall calculate the amount of KRW 562,902,30 to the plaintiff at the rate of 12% per annum from August 7, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in civil engineering, construction business, etc., and the Defendant is a company engaged in real estate lease, sale in lots, housing construction business, etc.
B. (1) On December 8, 2015, the Plaintiff, the State, and D entered into the construction contract with the Plaintiff on December 8, 2015, and the F G located in Ulsan-gu E and F (hereinafter “instant officetel”) on December 8, 2015.
) New construction works (hereinafter “instant construction works”)
(i) 19,633,900,000 won (including value-added tax; hereinafter the same shall apply) for the cost of construction;
() The construction period is from December 15, 2015 to November 15, 2017, and the construction contract is determined as a contractor D, contractor, Plaintiff and C (owner) (hereinafter referred to as “contract as of December 8, 2015”).
The main contents of the contract concluded on December 8, 2015 are as follows: 6. Down payment (5%: 981,695,000 won)
7. Payment for completed portion (70%): payment on the 25th of the following month from the date of the completion of the destruction of the existing underground base in one time to the date of the second time to the date of the second time from the date of the completion of the destruction of the existing underground base.
8. Balance (25%): Within 45 days after the completion of construction works at KRW 4,908,475,000 (the completion of supervision): The interest rate for delay paid on December 2, 200: The rate for delay delay calculated by applying the Framework Act on the Construction Industry (1/100) / (2) the contract concluded on March 16, 2017 between the Defendant and the Defendant on March 16, 2017, the Plaintiff entered into a contract with the period of 18,70,000,000, and the construction work at issue from February 28, 2016 to May 30, 2018 (hereinafter referred to as “contract concluded on March 16, 2017”).
6. Contract deposit (5%: 935,000,000 won). The main contents of the contract in March 16, 2017 are as follows:
7. progress payment (95%) : 17,765,00,000 won (the contract amount and the progress payment shall be subject to the terms and conditions of the payment under the special agreement): The interest rate for delay in payment: Article 1 [Effect of the contract] of the special agreement of 1/100 (the validity of the contract] shall enter into force from the time the defendant acquires the business rights of Gtel from the existing implementer D.
Article 2 [Conditions for Payment of Contract Amount] The plaintiff shall attach a certificate of supervision to the progress payment that occurred until March 31, 2017.