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1. As to the Plaintiff KRW 3,259,384,712, and KRW 1,00,000 among them, the Defendant shall pay to the Plaintiff KRW 3,259,384,712 from December 6, 2013, and KRW 2,259,384.
Reasons
1. Basic facts
A. The Plaintiff is a village development cooperative that is created by the faculty members of the Gyeongbuk-do University in order to create a village with a scale of 114 households as part of the “living environment improvement project” in the Rearrangement of Agricultural and Fishing Villages Act on the land of 218,473 square meters in Mari-ri, Mari-ri, Mari-ri, Ma-ri, Ma
B. On January 31, 2012, the Plaintiff: (a) contracted the construction work for the development of a village by all faculty members of the staff members of Mapo-si University (hereinafter referred to as “Em-si Village Development Project”); (b) the construction work period of KRW 15.3 billion (excluding value-added tax); and (c) the construction period from January 31, 2012 to June 30, 2013; and (d) the Defendant, as a joint and several surety, jointly and severally guaranteed the obligation under the said contract for Esal Construction.
The above contract for construction works is included in the terms and conditions of the construction contract and the special terms and conditions of the construction contract, which are used in the government-funded construction contract, and the main contents are as follows:
1) Article 25(1) of the General Conditions of the Construction Contract: When the other party to the contract fails to complete the construction within the deadline for completion stipulated in the contract, he/she shall pay in cash the amount calculated by multiplying the rate of liquidated damages (1/1,00) stipulated in the contract by the contract amount for each number of days without delay. Article 44(1)2: The contract officer may rescind or terminate the whole or part of the contract in question where the construction is not completed by the deadline for completion due to a cause attributable to the other party to the contract or where it is deemed impossible to complete the construction by the deadline for completion due to a cause attributable to the other party to the contract.
3) Chapter 9 Section 1 of Chapter 9 of the Enforcement Standards for Public Tender and Contracts Act: In cases where a contracting officer intends to make advance payment, he/she shall have the counter-party to the contract as a party to the contract.