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1. The Defendant’s KRW 591,351,403 as well as 6% per annum from February 5, 2013 to May 22, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. (1) On June 25, 2012, the Plaintiff entered into a contract with the Defendant to newly construct the above apartment (hereinafter “instant contract for construction”) with a view to carrying out a new construction project for the land unit building project under the Busan Seo-gu trigram Act, 499-3, 505-4, 947-1, and the main contents thereof are as follows.
On August 1, 2012: The amount supplied as KRW 11,631,08,00 on January 31, 2014: Tax exemption: Part 11,289,120,120,000, value-added tax of KRW 310,88,000,000: Value-added tax of KRW 31,288,000,000 on the taxable portion: The rate of liquidated damages for delay identical to the matters specified in the contract-specific engineer: 1/1,000,000 on the standard contract for private construction works; and
· The amount of advance payment = The amount of advance payment 】 the price of completed portion / contract amount . (5) Where the plaintiff has paid advance payment, it may request the refund of the balance of the relevant advance payment in any of the following cases:
1. Where the contract is rescinded or terminated, Article 27 (Compensation for Delay) (1) When the defendant fails to complete the construction work within the deadline for completion, he/she shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate of compensation for delay on the contract basis for each day without delay (hereinafter “compensation for delay”).
Provided, That where the inspection of completion has been delayed due to a cause attributable to the plaintiff and where the construction has been delayed due to any cause falling under any of the following subparagraphs, the compensation for delay equivalent to the relevant days need not
1. Cases due to force majeure events prescribed in Article 18;
2. Where it becomes impossible to carry out construction works because the supply of important materials that the defendant could not use as a substitute has been delayed due to any cause attributable to the plaintiff.
3. Where the commencement of construction has been delayed or suspended due to causes attributable to the plaintiff;
4. Other matters.