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1. The Defendant’s KRW 113,685,490 for the Plaintiff and the following: 6% per annum from December 2, 2015 to June 17, 2016.
Reasons
1. Facts of recognition;
A. On August 28, 2013, the Plaintiff entered into a subcontract agreement with the Plaintiff and Han-dong Co., Ltd. (hereinafter “Korean Co., Ltd.”)
2) The construction work of the C Apartment as awarded by the Korea Land and Housing Corporation (hereinafter referred to as the “instant construction work”).
As to the construction cost, the subcontract agreement is to be entered into with a fixed amount of KRW 1,738,903,760, and the construction period from August 28, 2013 to March 22, 2015 (hereinafter “instant subcontract agreement”). As to the contract deposit of KRW 173,890,376 (hereinafter “instant subcontract agreement”).
(3) The guarantee between the Plaintiff and the Korea Development Bank under paragraph (1) shall be paid in cash or by a letter of guarantee under any of the following subparagraphs. 1. A guarantee between the Plaintiff and the Korea Development Bank under Article 7 (1) shall be issued by the Korea Development Bank, the Defendant, or the Korea Development Bank, etc.: 6. When the Plaintiff cancels or terminates the whole or part of the contract under Article 25 (1) due to the failure of the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, etc. to perform its contractual obligations, and the Plaintiff may file a claim for the payment of the amount equivalent to losses arising from the rescission or termination of the contract with respect to the deposit under paragraph (3) 1: Provided, That where the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, and the Korea Development Bank, in cash, or the certificate under paragraph (3) 2 and 3 is delivered, the amount equivalent to losses shall revert to the Plaintiff.
(2) When the plaintiff received advance payment from the project owner, the payment shall be made within 15 days from the date of receipt of the advance payment or the date of conclusion of the contract, in accordance with the contents and ratio of the advance payment he/she receives so that one or both public projects may commence.