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1. The Defendant shall pay KRW 43,360,00 to the Plaintiff the annual rate of KRW 15% from January 8, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On October 31, 2014, the Plaintiff and the Defendant entered into a contract for manufacture and sale and installation of two elevators on the ground B-based ground (hereinafter “instant contract”) with the representative of the joint contractors and the non-party company as its members (hereinafter “non-party company”). The main contents of the contract are as follows.
[Article 1] The total contract amount of KRW 70,40,000 for the total contract amount of KRW 70,000 for the contract and KRW 2,1120,000 for the contract payment (the date of completion of installation) January 20, 2015 shall be paid in cash at the time of carrying in materials, KRW 4,224,00 for the total amount of KRW 70,000 for the full payment
In a case where Eul (the title of the plaintiff and the non-party company) is unable to do the construction work due to delay of construction work or other circumstances of Gap (the title of the plaintiff and the non-party company), Gap shall pay the part payment to Eul.
[Article 13] The payment period shall be automatically extended to the number of days of delay where the installation is delayed due to a cause not attributable to B, such as a natural disaster, force majeure such as the payment of Gap's automatic extension of payment period, natural disaster, change of government policies, revision of relevant laws and regulations, etc.
(hereinafter) [Article 22] If any of the following events occurs to suspend the installation of an elevator of Eul, Eul may suspend the installation of an elevator:
- Where Party A breached the contract, such as delaying the payment of the construction cost under Article 1 for more than 30 days without good cause, and Party B urged correction thereof, but Party A continues to maintain the status of the breach (hereinafter omitted)
B. After that, on November 18, 2014, the Defendant paid KRW 20 million, which is part of the down payment, to the Plaintiff. Accordingly, the Plaintiff and the Nonparty Company commenced the implementation of the instant contract and carried in materials at the construction site of this case on January 3, 2015, and immediately thereafter, the two elevator installation processes.