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1. From May 8, 2019 to August 28, 2019, regarding the Plaintiff’s KRW 460,90 million against the Defendant among the judgment of the first instance court, the Plaintiff’s KRW 460,90,000 and its amount.
Reasons
1. Details of the conclusion, performance, and acceptance of a contract for construction works;
A. The Plaintiff is a corporation with the main business purpose of an engineering work business, building work business, etc., and the Defendant is a corporation with the main business purpose of acquiring and managing real estate.
B. On October 17, 2018, the Plaintiff received 410,000,000 won in advance from C (hereinafter “C”) for the restoration to the original state of the sports facility of the second floor underground floor of the building in Daegu-gu (hereinafter “instant construction”) from C (hereinafter “C”) and received payment of KRW 41,00,000 as advance payment.
C. Under the contract entered into by the Plaintiff and C with respect to the instant construction project (hereinafter “the initial contract”), the remainder of the construction project shall be paid in cash within 60 days after completion, and if so, delay shall be paid damages for delay at a rate of 15 percent per annum. On December 18, 2018, the Plaintiff was unable to receive from C the remainder of the construction cost 369 million won (=410,000,000 won) calculated by subtracting the said advance payment, even though the Plaintiff completed the instant construction project including the additional construction before completion of the construction work (the additional construction of string and aging pipeline removal works, installation of convenience facilities for disabled persons, installation of fire-fighting programs, and re-repair repair works; hereinafter collectively “additional construction”).
On March 26, 2019, the Plaintiff and C agreed that the contract amount of the instant construction project shall be changed from KRW 410,000 to KRW 41,00,000,000, but such settlement amount shall not be subject to civil or criminal objection.
E. On April 1, 2019, the Plaintiff and the Defendant concluded on April 1, 2019, “the second underground floor restoration works of D building” with the Defendant’s contract for KRW 419 million to the Plaintiff. The construction period shall be from April 2, 2019 to April 30 of the same month, and the construction price shall be paid in cash within seven days after the completion of advance payment, and if delay, it shall pay damages for delay at the rate of 15% per annum.”