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1. The defendant shall pay to the plaintiff KRW 1,368,126,100.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit;
Reasons
1. Basic facts
A. On June 24, 2014, the truster and beneficiary of the land trust business agreement between the Plaintiff, the Defendant, and the Defendant, the trustee, and the Si Corporation entered into a land trust business agreement (hereinafter “instant business agreement”) with the content of newly constructing and selling the 20th floor officetels (hereinafter “instant officetel”) on the ground of the Nam-gu Seoul Metropolitan City, Ulsan-gu and 12434.2 square meters and E large 1102 square meters (hereinafter “instant project site”).
B. On June 24, 2014, based on the business agreement entered into between the Plaintiff and the Defendant, the Defendant entered into a land trust agreement with the Defendant on June 24, 2014, and completed the registration of ownership transfer on the instant project site as a truster and beneficiary status. On September 29, 2014, the Defendant entered into a construction contract with the Plaintiff, a contractor, with respect to the instant construction project for officetels (hereinafter “instant construction project”).
The F Period of Construction: The F Period of Construction: 44,133,100,00 won (total sum of the contract amounts of construction works, civil engineering works, installation works, electrical construction works, fire fighting works, and communications construction works) (Article 7 (2) of the Land Trust Business Agreement, Article 22 of the Terms and Conditions of the Contract for Construction Works) for the defendant: The rate of liquidated damages for delay shall be 3/100 of the contract amount per day: the definitions of terms used in this contract under Article 12 (Definitions) of the contract amount per day:
10. The term "construction" means obtaining full approval (excluding approval for temporary use) for the whole of a building from the competent authorization and permission authority after completion of construction within the construction period stipulated in the contract.