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1. From July 16, 2014 to June 11, 2015, Plaintiff (Counterclaim Defendant) paid KRW 175,03,000 to the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. On November 14, 2012, the Plaintiff received the instant construction of the Seoul Business Facilities (hereinafter “instant construction”) from the Defendant as “the contract amount of KRW 3,575,000,000 (including value-added tax) and the construction period from November 15, 2012 to January 15, 2014 (14 months after commencement of construction).”
(hereinafter referred to as the “instant contract”). B.
The part relating to the instant case in the instant contract is as follows.
- Advance: 15% payment of contract amount (including 536,250,000 won and value-added tax) - Rate of liquidated damages: The rate of liquidated damages: 1/1,000 of the total contract amount per every day of delay; 13. The Plaintiff is aware that the removal work of existing buildings is included.
Article 22 (Liability for Damages) of the General Terms and Conditions of Contracts (Liability) The Plaintiff shall bear the damages incurred by the Plaintiff’s work if the third party suffered damages due to the work’s subject matter before being delivered to the Defendant.
Article 27 (Compensation for Delay) The plaintiff shall pay to the defendant the amount calculated by multiplying the contract amount by the rate of the liquidated damages for delay prescribed in this contract for each number of days immediately after the completion of the construction works within the deadline for completion as stipulated in this contract.
In cases falling under paragraph (1), the applicable amount shall be based on the contract amount.
If the Corporation is deemed to have delayed due to any of the following causes, it shall be exempted from the penalty for delay equivalent to the relevant days:
2. Where the commencement of construction has been delayed or suspended due to a cause attributable to the defendant, the defendant under Article 28 (Cancellation of Contracts by the defendant) may cancel or terminate all or part of the relevant contract in any of the following cases:
2. Where it is clearly recognized that construction work cannot be completed in the air due to the plaintiff's fault.
C. The Plaintiff received KRW 536,250,000 (including value-added tax) from the Defendant as advance payment.
According to the design, the Plaintiff is performing C.I.P. Public Law Earth Auger in the construction work of this case.