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1. The Plaintiff (Counterclaim Defendant) paid KRW 28,710,000 to the Defendant (Counterclaim Plaintiff) and the amount from March 21, 2018 to January 10, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 31, 2016, D Co., Ltd. entered into a contract for construction works with regard to the amount of KRW 1,783,639,00 with respect to G facilities (hereinafter “instant construction”) within the Navy EthicalF of the Maritime Affairs Council of the Armed Forces and the Jeonnam-gun, Jeonnam-gun, for the construction of the G facilities (hereinafter “instant construction”) in the amount of KRW 1,783,639,000, the date of commencement, April 8, 2016; the date of completion; November 30, 2016; and 0.1% of the liquidated damages rate; and the Defendant was awarded a subcontract from D Co., Ltd. for the instant construction works (hereinafter “instant reinforced concrete construction”).
B. On August 2016, the Plaintiff and the Defendant concluded a contract with respect to the instant reinforced concrete construction (hereinafter “instant contract”) with the following terms (hereinafter “instant contract”).
Direct Execution Agreement
1. Name of the original project: G facility construction (3019);
2. Names of direct construction works: Construction works of reinforced concrete;
4. Construction period: The agreed amount on November 30, 2016, the completion date of August 30, 2016, which was the 5th day of November 30, 2016: Japanese Won (e.g. 550,000,000), and 10. Penalty rate for delay: Article 2 (Construction, etc.) of the terms and conditions of the direct performance agreement under the same application as the original contract: (i) the Plaintiff shall perform the construction works in accordance with the terms and conditions of this agreement and design drawings (construction specifications, design drawings).
(2) The plaintiff shall prepare a schedule for construction works and obtain approval therefor from the defendant without delay.
C. According to the instant contract, the Plaintiff implemented the instant reinforced concrete construction; around December 31, 2016, the Plaintiff completed the assembly of the 2nd floor sloping roof and the steel processing assembly of the sloping roof; on January 18, 2017, the preparation work for the sloping concrete sloping sloping sloping sloping sloping sloping sloping sloping sloping sloping slopings on January 19, 2017; the work for the sloping sloping sloping slopings from January 20 to February 25, 2017; and the work for the production of concrete from January 20 to February 9, 2017; the work for the sloping sloping sloping sloping sloping on February 17, 2017; and the work for the removal of the instant temporary materials from the construction site on February 25, 2017.
The defendant shall make the plaintiff on March 3, 2017.