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1. The Defendant’s KRW 1,182,50,000 as well as 6% per annum from December 12, 2015 to November 25, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On November 5, 2014, the Plaintiff entered into a contract for construction works with the East Sea Water Co., Ltd. (Merger with the Defendant on November 26, 2014; hereinafter referred to as the “Defendant”) on the construction cost of KRW 2,365,00,000 (including value-added tax) and the construction period of November 10, 2014 to February 20, 2015 (hereinafter referred to as the “this case’s construction work,” and the construction contract for the construction of a hydrogen plant (hereinafter referred to as the “this case’s construction contract”). The main contents of the special agreement are as follows.
Matters of special agreement
3. The down payment for the construction cost shall not be made, and if the funds of the Korea Technology Finance Corporation and the Small and Medium Enterprises Promotion Office are executed later, it shall be paid
4. The construction works shall not be delayed or interrupted due to construction funds, etc. until a progress payment is paid, but where the construction works are delayed or suspended for at least seven days, the construction works shall be completed at the site without any condition;
(Provided, That the construction cost incurred until the discontinuance of construction will be settled upon consultation between the defendant and the plaintiff).
In November 6, 2014, the Plaintiff, including the discontinuance of the Plaintiff’s construction, discontinued the construction work around January 2015 on the ground that the Defendant did not pay the progress payment. At the time, the construction work was completed and its ratio was 50%.
[Ground of recognition] The fact that there is no dispute, Gap's entries or images, and the purport of the whole pleadings, as described in Gap's 1, 2, 3, 5 through 8, 10, 11, 13 through 17, 19, Eul's 1 and 2 (including each number)
2. Determination:
A. (1) According to the determination on the Plaintiff’s cause of claim (i) The Defendant is obligated to pay to the Plaintiff the payment for the completed construction payment of KRW 1.182.5 million (i.e., the construction payment of KRW 2.365 billion x the rate of KRW 50%) and damages for delay.
(2) Furthermore, the Plaintiff was 70% at the time of the discontinuance of the instant construction work, and the Defendant was the Plaintiff.