beta
Text
1. The Plaintiff:
A. Defendant A Co., Ltd.: (a) gold KRW 94,205,00 and its amount from May 31, 2015 to September 25, 2017.
Reasons
1. Facts of recognition;
A. Nonparty Gangnam Construction Co., Ltd. was awarded a contract for the C business, and subcontracted to the Plaintiff and Defendant A Co., Ltd. (D and D et al. prior to the alteration to the E Co., Ltd. on August 29, 2016, and the name of D et al. on November 16, 2016 to the E Co., Ltd. on a successive basis; hereinafter “Defendant Company”).
B-1. On October 2012, the Plaintiff was awarded a contract for the construction of the first (122 meters) facility for the crypted Track Trackh (122 meters) during the said construction period, and was fully paid the construction cost on November 26, 2012 to December 6, 2013.
B-2. In the instant construction contract, when three months have elapsed since the installation of a protective wall, the Plaintiff removed installed materials (such as a steel board, sn beam beamline, etc.) and did not dismantle the site due to the reasons on the spot, Gangnam Construction agreed to pay the Plaintiff damages of KRW 40,000 per one meter per month from February to February 2013, the Plaintiff’s removal of temporary materials at the time of the removal of the construction and the removal of the other construction, thereby incurring damages due to the delay in the construction. In the industry, the Plaintiff agreed to pay the damages from the side responsible for the delay in the construction. The amount is determined by mutual agreement.
C-1. Around September 2013, the Plaintiff was awarded a subcontract for the secondary installation work (170 meters) from the Defendant Company to the construction cost of KRW 57,970,000 (including value-added tax) and completed the construction work on the 10th day of the same month.
C-2. In the event that the Plaintiff could not dismantle the installation materials due to the circumstances of the Defendant Company even more than three months after the establishment of the protection facility in the instant second-class construction contract, the Defendant Company agreed to pay the Plaintiff the amount of KRW 40,000 per 1m per month.
C-3. In addition, instead of the Plaintiff’s waiver of 19,520,00 won (=40,000 wonx 122m x4 months) from March 3, 2013 to June, 2013 related to the primary construction in Gangnam Construction (the foregoing B-2.), the Defendant Company will dismantle the materials referred to in the above B-2(b) from July 2013 to the date of the removal.