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1. The Defendant’s KRW 72,391,438 as well as 6% per annum from May 12, 2012 to July 16, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On September 1, 2009, the New Construction Contract (hereinafter “the Construction Contract in this case”) entered into a contract with the Defendant for the Construction Project as described below (hereinafter “each of the instant construction contracts”).
(B) The construction work order Nos. 16, 17, 19, 20 No. 19, 20) Nos. 16, 17, 19, 20 [ short-term construction contract] among apartment construction work for which the construction work period of one Yang-Eup A-10BL acquired [basic type of construction work] 1,217,487,000 won from September 1, 2009 to October 31, 2010 (basic type of construction work) / [the second construction contract of this case] 1,932,70,000 won from September 1, 2009 to October 31, 2010, PL Chang Chang apartment acquisition work (basic type of construction work) from among apartment construction work for which the acquisition date of 1,217,400,000 won from September 3, 201 to 30, 2009 to 400,710-7, 97,
B. Meanwhile, Article 28(1) of the General Conditions of the Contract for Private Construction (hereinafter “General Conditions of Contract for Construction”) incorporated as part of each of the instant construction contracts provides that “the contractor shall pay to the contractor, in cash or as a letter of guarantee, the amount calculated by multiplying the contract price by the warranty bond rate stipulated in the contract for repair of defects in order to repair defects of the construction (hereinafter “contractor”) and until the price for the construction is paid after completion inspection, and the warranty bond stipulated in each of the instant construction contracts is commonly “three percent of the contract price.”
(No. 16, 17, 19, 20, 21). (c)
However, the Committee has become difficult to implement each of the instant construction contracts because its financial standing has deteriorated, and the Committee and the defendant on May 11, 2010 on each of the instant construction contracts are premised on the waiver of the remaining construction works.