beta
Text
1. The Defendant’s KRW 13,371,326 as well as 6% per annum from May 15, 2018 to January 16, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. On June 24, 2016, the Defendant awarded a contract with C Co., Ltd. (hereinafter “C”) for the installation of electric mooring facilities (hereinafter “instant construction”) at a diesel power plant (hereinafter “instant electric power plant”) to be newly constructed in D of Papua New Airport, and subcontracted the instant construction to the Plaintiff on June 24, 2016, with the construction cost of KRW 710,000,000 (excluding value-added tax) and the construction period from June 24, 2016 to November 30, 2016.
Among the contents of the subcontract agreement of the instant construction project concluded by the Plaintiff and the Defendant (hereinafter “instant construction contract”), the main parts related to the instant case are as follows:
Construction Contract Documents
4. The contract amount shall be KRW 710,000,000 (excluding value-added tax) in a single currency and shall be paid in any of the following different currencies:
1) Han-do: 60% (426,00,000,000 won, value-added tax separate) of the contract amount; 2) PNG Kina (PNG) of the contract amount; 40% (284,000,000 won, value-added tax separate) of the contract amount; and 40% of the contract amount (284,000,000 won, value-added tax) of the contract amount; applying the standard transaction rate of the
5. Payment Terms and Conditions 1): 40% of the installment payment (excluding KRW 284,00,000, value-added tax) in 30 days after the contract is concluded (excluding value-added tax) intermediate payment: 50% (excluding KRW 35,000,000, value-added tax) after the completion of contract services: the intermediate payment shall be paid to Papua New Technology. Article 10 (Change or Suspension of Construction Work; hereinafter the same shall apply) of the General Conditions for the Contract for Construction Work may, if deemed necessary, require in writing a temporary suspension of construction for all or part of the construction work. Accordingly, if it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract amount, Article 5 (Special Conditions for Construction Work shall be determined after consultation with the supplier (Plaintiff; hereinafter the same shall apply).