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1. The Defendant’s KRW 108,582,557 as well as its annual 6% from February 9, 2018 to July 22, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. On April 13, 2017, the Plaintiff and the Defendant entered into a construction contract with the Plaintiff for the construction of a factory A Co., Ltd. (hereinafter “instant contract”) with respect to “the instant factory” (hereinafter “instant construction”) “the contract price of KRW 700,067,674 (excluding value-added tax), the construction period, from April 17, 2017 to July 31, 2017; and from 1/1,000 per day (hereinafter “instant contract”).
The terms and conditions of the standard contract for private construction works included in the instant contract are as follows.
(A) “A” and “B” mean the Plaintiff, respectively. Article 16 (Extension of the Work Period) of the General Terms and Conditions of the Standard Contract (1) “A” and “B” may require “A” to extend the construction period in writing if the performance of construction is delayed due to reasons not attributable to “B”, such as natural disasters or force majeure events.
(2) Where there is a request for the extension of the contract period under paragraph (1), "A" shall immediately investigate and confirm such fact and take necessary measures, such as the extension of the contract period, so that the Corporation may appropriately implement the construction.
(4) Where the extension of the contract period under paragraph (1) has been approved, the term "A" shall not impose a penalty for delay on the extended period.
Article 27 (Compensation for Delay) (1) "B" shall pay the amount (hereinafter referred to as "compensation for delay") calculated by multiplying the contract amount by the rate of the compensation for delay in the contract by the number of days of delay when the construction has not been completed within the deadline for completion.
Provided, That where a completion inspection has been delayed due to a cause attributable to "A" and where the construction has been delayed due to any of the following causes, the penalty for delay equivalent to the number of relevant days shall not be paid:
1. Cases due to force majeure events prescribed in Article 18;
2. The supply of important materials that “B” can not be used as a substitute is referred to as “Loman.”