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1. Of the instant lawsuit, damages for delay shall be paid from June 26, 2012 to the date of full payment with respect to the principal of rehabilitation claims.
Reasons
1. Basic facts
A. On September 5, 2008, the debtor Yang Young-young Co., Ltd. (hereinafter the "debtor Co., Ltd.") subcontracted construction work amounting to KRW 1,217,00,000,000, and the construction period from September 5, 2008 to April 30, 2010, among the seven sections of apartment construction work contracted by the Korea National Housing Corporation (hereinafter "new-based Co., Ltd.") to the new-based Co., Ltd. (hereinafter "new-based Co., Ltd."), for the construction work amounting to KRW 1,217,00,000,000 and the construction period.
(hereinafter “instant subcontract”). (b)
On August 18, 2009, the new company ceased to perform the instant subcontract on the ground that the new company did not perform the contract. On September 16, 2009, the new company notified the new company that it will terminate the instant subcontract on the ground that it did not perform the contract.
C. The Plaintiff, who manufactures and sells building materials in the name of D, supplied the building materials necessary for the instant construction to the new company from September 2008 to August 2009.
On August 18, 2009, the new principal company transferred the claim for construction cost of KRW 220,000 to the debtor company of the new principal company under the instant subcontract to the Plaintiff (hereinafter “transfer of claim”). On August 18, 2009, the new principal company notified the debtor company of the transfer of the above claim to the Plaintiff, and on August 19, 2009, the said transfer of claim was notified to the debtor company.
E. On January 20, 2010, the debtor company stated to the new principal company, “64.2% of the period of the instant subcontract, and the period of the construction work that the debtor company did not pay to the new principal company is KRW 920,000,00, whichever is 348,800,000 among them shall be deducted from the advance payment, and the remaining KRW 571,20,000 shall be deducted from the advance payment, and the remaining amount of KRW 571,20,000 shall be paid directly to the employees of the new principal company, and the unpaid amount of the construction work shall be terminated.”