1. The Defendant’s KRW 223,436,956 among the Plaintiff and KRW 74,928,062 among the Plaintiff, shall be KRW 69,420,000 from April 19, 2016.

Basic Facts

원고는 토목건축공사업 등을 목적으로 설립된 회사이고, 피고는 수처리 기계설비 제조 및 판매 등을 목적으로 설립된 회사이다.

On May 1, 2014, the Plaintiff received orders from the Defendant for the construction of a factory extension and office building (hereinafter “instant factory”) from the Defendant (hereinafter “instant construction”) by setting the contract amount of KRW 1.03 billion (including value-added tax) and the construction period of KRW 2.9 million (including value-added tax) and September 22, 2014.

On July 30, 2014, the Plaintiff and the Defendant agreed to perform additional construction works on the fourth floor of the office building separately from the instant construction works, and entered into a contract with the contract term of KRW 41 million (including value-added tax) and the construction period until September 22, 2014.

The Plaintiff and the Defendant agreed to extend the construction period until January 31, 2015, by reflecting such additional construction works on December 1, 2014, the contract amount to KRW 121,187,000,000 (including value-added tax) originally increased by KRW 17897,000,000, and the construction period to be extended by January 31, 2015.

On December 22, 2014, the Plaintiff and the Defendant concluded a contract for the construction period up to January 31, 2015 (hereinafter “instant contract”). In full view of the amendment of the instant contract for construction and the additional construction works, the Plaintiff and the Defendant finally concluded the contract amounting to KRW 1.25,87 million (i.e., KRW 41,00,00,000 KRW 1789,000 KRW 41,000 KRW 2.9 billion), and the construction period up to January 31, 2015 (hereinafter “instant contract”).

According to the instant contract, when the Plaintiff fails to complete construction works within the deadline for completion, the amount of the contract shall be paid to the Defendant for delay calculated by multiplying the amount of the contract by 1/1,000 per each number of days delayed. If the Defendant fails to pay the price for construction works within the deadline agreed upon, it shall be paid to the Plaintiff for delay by 1/1,000 per each number of days delayed, as well as the said liquidated damages for delay.

Meanwhile, according to the instant contract, the Plaintiff is the Defendant if the completed portion is completed.