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1. As to the Plaintiff KRW 90,288,100 and KRW 55,986,100 among them, the Defendant shall pay to the Plaintiff KRW 34,302,00 from February 28, 2017.
Reasons
1. Basic facts
A. (1) On December 2015, the Plaintiff entered into a subcontract with the Defendant on March 15, 2016, with respect to reinforced concrete construction among the above facilities construction (hereinafter “instant construction”) as follows: (a) the contract amount of KRW 2,461,587,320; and (b) the construction period from December 10, 2015 to December 8, 2016; and (c) the Plaintiff entered into a subcontract with the Defendant on December 15, 2016 with respect to the said facilities construction (hereinafter “instant construction”).
(hereinafter “instant subcontract”). The construction period: The contract amount on March 15, 2016, and July 31, 2016: 319,000,000 won (the supply price of KRW 290,000,000, value-added tax 29,000), and advance payment: 10% of the contract amount, and the intermediate payment within five days from the contract date, and the balance and payment within five days from the contract date: The balance and payment within ten days after receipt of the principal contractor’s progress payment: The rate of liquidated damages for delay within ten days after receipt of the object: 3/1,000 per day: 1/1,000 per day;
B. 1) The Defendant underwent conflict with the Plaintiff as a matter of construction cost, and completed the instant construction work on October 7, 2016 without finishing the instant construction work. 2) The Plaintiff completed the instant construction work at its own expense after the Defendant’s steel completion.
C. On March 23, 2016, the Plaintiff paid the Defendant KRW 218,90,000,000 as advance payment, and KRW 66,00,000 as advance payment, and KRW 60,50,000 as the first progress payment on May 18, 2016, and KRW 60,50,00 as the second progress payment on June 8, 2016, and KRW 60,50,00 as the third progress payment on July 5, 2016. 2) The Plaintiff received a written consent for direct payment from the Defendant at the time of the conclusion of the instant subcontract.
On August 9, 2016, the Plaintiff paid KRW 84,027,00,00 in total to D, a re-subcontracted business entity of the Defendant, as of August 10, 2016, upon receiving a written consent to the Defendant’s payment of wages, on August 10, 2016.
3. On behalf of the Defendant, the Plaintiff: (a) KRW 9,300,00 on September 1, 2016, KRW 1,845,00 on September 1, 2016, KRW 8,800 on September 1, 2016, and KRW 8,800,000 on September 13, 2016; (b)