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1. The Defendant’s KRW 351,006,832 as well as 5% per annum from November 4, 2016 to June 18, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On October 20, 2014, the Plaintiff entered into a contract for construction works with the Defendant on the following construction works (hereinafter “instant construction works”) with respect to the construction works on the land D (hereinafter “instant building”) located in Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant construction works”).
Construction Construction Standard Contract
3. Period of construction - The completion on October 20, 2014 - The amount of contract on April 20, 2016: 6050,000 won (the supply price: 5.5 billion won, the amount of value-added tax: 550,000 won).
6. Timing for payment of completed portion - Payment of construction completion: 5% - Payment at a fair rate every two months after the commencement - Payment at the time of application for a completion inspection: 10% of the contract amount after reservation - Payment after completion (within 30 days after completion): 10%;
9. The rate of penalty for delay: Article 10 (Period of Construction Works) of the General Conditions of the Construction Contract for each number of days per delay.
Article 18 (Extension of Period of Construction) (1) Where the performance of construction is delayed due to a cause not attributable to the plaintiff, such as a natural disaster or force majeure situation, the defendant may request the plaintiff to extend the period in writing, attaching evidentiary materials.
(4) The plaintiff shall not impose penalty for delay on the extended period, such as approving an extension of the contract period under paragraph (1).
Article 26 (Inspection) (1) When the defendant completes construction, he/she shall notify the plaintiff of the completion report in writing and undergo a necessary inspection.
Article 31 (Compensation for Delay) (1) When the defendant fails to complete construction works within the deadline for completion, he/she shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate of the compensation for delay in the contract (hereinafter referred to as "compensation for delay") for each number
Provided, That where a completion inspection has been delayed due to a cause attributable to the plaintiff and it falls under any of the following subparagraphs: