beta
Text
1. The Defendant: (a) KRW 475 million to the Plaintiff; and (b) 5% per annum from November 28, 2012 to August 21, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On November 7, 2011, the Plaintiff (B) awarded a contract to the Defendant for the construction of a parts factory B on the land of Samsung-si (hereinafter “instant construction”) (hereinafter “instant contract”). The main contents of the instant contract are as follows.
The scheduled completion date of works on May 30, 2012: The construction cost: 2.16 million won (excluding additional dues): 3/1000
B. On March 5, 2012, the Plaintiff and the Defendant concluded a modified contract with the effect that the completion date of the instant contract will be delayed on June 30, 2012, and the construction cost will be increased to KRW 2.184 million (excluding additional tax) by 2.1 billion (excluding additional tax), taking into account the reasons for delay due to the obstruction of access to the construction site to the construction site, additional construction works, etc.
C. However, as the Defendant failed to complete the instant construction by the scheduled completion date as stipulated in the instant contract, the Plaintiff sent to the Defendant a document demanding the prompt completion of construction on August 22, 2012. On November 14, 2012, the Plaintiff sent a notice of cancellation of the instant contract, as the construction is delayed despite the above demand, and the said notice reached the Defendant.
The Defendant received KRW 1.728 billion from the Plaintiff as the construction price and value-added tax based on the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, 3-1, 6-1, and the purport of the whole pleadings
2. Determination
A. (1) As to the liquidated damages for delay, the Defendant paid to the Plaintiff KRW 1.569 billion (2.184 billion x 230 days x 3/1000) calculated by applying the rate of KRW 3/100 per day between 2.30 days and February 15, 2013, at the time when the Plaintiff cancelled the instant contract from July 1, 2012, which was the day following the completion date of the instant contract, to another business entity after November 14, 2012, which was the day when the Plaintiff would have been able to complete the remaining construction works. However, the Defendant partially claims.