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1. The Defendant Site Metal Co., Ltd. shall pay to the Plaintiff KRW 150,217,760 as well as its full payment from March 10, 2017.
Reasons
1. Basic facts
A. Subcontract contract between Defendant New World Construction Co., Ltd and Defendant Site Metal Co., Ltd. (hereinafter “Defendant New World Construction”)
on February 6, 2015, Defendant Site Metal Co., Ltd. (hereinafter “Defendant Site Metal”)
The first subcontract was entered into with respect to metal and miscellaneous works among new construction works ordered by Empt Co., Ltd. during the Kim Marart site: Contract amount: 676,00,000 won (excluding value-added tax): From February 11, 2015 to September 30, 2015 (after this, from June 30, 2016).
Payment - Advance Payment - Payment: Amount calculated by multiplying the contract price by the amount of the defect warranty bond (hereinafter referred to as “deposit warranty bond”) within 30 days from the date of execution of the contract, the amount paid at KRW 74,360,000, and the amount paid at the rate of 15 days from the date of receipt of the object: One month (60 days bill) and the 15 days from the date of receipt of the object; the method of payment shall be 100% from the date of receipt of the object; the method of payment shall be 30% from the date of adjustment of design change, economic situation change, etc.; the rate of payment of the defect warranty bond within 15 days from the date of receipt from the ordering person; the rate of payment from the ordering person: 3% (31,284,000 won according to the settlement amount
(2) On February 6, 2015, the Defendant agreed to pay the unpaid progress payment between the Defendant’s site metal and the obligee (e.g., the employee, etc.) related to the said construction, including wages, after the completion inspection, within ten days from the date on which the warranty liability period expires, and the warranty bond must be returned to the Defendant within ten days from the date on which the claim for the site metal was made, after the completion of the warranty liability period.
3 On December 23, 2015, Defendant New World Construction Co., Ltd. orders a new construction project between Defendant’s site metal and Defendant’s site metal.