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1. The Defendant’s KRW 498,659,728 as well as the Plaintiff’s KRW 6% per annum from November 13, 2014 to February 12, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a construction contract between the Plaintiff and the Defendant is a person who carries on warehouse business, etc. under the trade name of “B,” and the Defendant is a company carrying on construction business.
On June 5, 2012, the Plaintiff and the Defendant concluded a contract with each of the construction of warehouse facilities (including value-added tax) on June 1, 2012 to November 30, 2012, with the construction period of KRW 5,610,00,00 of the construction cost (including the construction cost) on the land outside of the wife C and the third parcels, as the construction of warehouse facilities on the land (hereinafter “instant construction contract”).
The main contents of the instant construction contract are as follows.
Contracts for Change of Private Construction Works
9. Endd portion: up to 70% of the contract amount shall be paid according to the catations.
Provided, That 70% of the amount of the application for gender shall be paid.
12. The rate of liquidated damages: Article 29 of the general conditions in the contract for private construction works per day (attached Form) of the contract amount per delay. (1) When the defendant fails to complete the construction works within the deadline for completion, he shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate for liquidated damages in the contract (hereinafter referred to as " liquidated damages") for each number of days without delay.
Article 33 (Cancellation, etc. of Contracts by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:
(2) The cancellation or termination of a contract pursuant to the provisions of paragraph (1) shall take effect by notifying the defendant of the cancellation or termination when the contract is not performed within the deadline after the plaintiff notified the defendant in writing within the deadline for performing the contract.
On the other hand, at the time of concluding the instant construction contract on June 5, 2012, the Plaintiff and the Defendant calculated the date of preparation for the purpose of obtaining facility loan from a financial institution on June 1, 2012, and made a contract for construction works, which read the construction amount as KRW 9,350,000,000.