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1. The subcontract for reinforced concrete construction works between the Plaintiff and the Defendant on March 20, 2014.
Reasons
1. The following facts are either in dispute between the parties or in accordance with the evidence Nos. 1, 2, 2, 2, 6-1, 2, 3 through 5, 15-2, 36, 39-1, 2, 41-1 of the evidence No. 41, and 41-1 of the evidence No. 1, 2, 6-2, 36-2, 39-1, 39-2, and 41-1.
A. On August 26, 2013, the Defendant received “construction works on A-Road (hereinafter “instant construction works”) around E-Si, Leecheon-si from the Korea Land and Housing Corporation on February 28, 2015, setting the contract price rate of the liquidated damages as 1/1000.
hereinafter referred to as "the contract of this case"
B. On March 20, 2014, the Defendant: (a) on March 20, 2014, “the subcontracted construction of reinforced concrete construction works” (hereinafter “instant subcontracted construction works”).
B subcontracted to the Plaintiff the contract amount of KRW 2.46 billion, KRW 2130,00,000 on March 20, 2014 on the date of commencement, and February 28, 2015 on the date of completion, the contract amount of the penalty for delay was set at 1/100 of the contract amount.
hereinafter referred to as the "instant subcontract"
B. On March 25, 2014, the Plaintiff issued a subcontract advance payment guarantee of KRW 118 million and a subcontract guarantee of KRW 246,213,00,00 for the guaranteed amount from the Construction Mutual Aid Association, respectively, and submitted it to the Defendant around that time.
hereinafter referred to as "the letter of guarantee of this case"
(C) The instant guarantee agreement provides for a case where the instant subcontract is terminated due to the Plaintiff’s cause attributable to the Plaintiff. On October 29, 2014, the Defendant expressed his/her intent to cancel the instant subcontract to the Plaintiff, and reached that time. D. The Defendant filed a claim against construction mutual aid associations for the deposit money based on the instant guarantee agreement. E. The instant subcontract agreement provides for the cancellation of the contract as follows. Article 25 (Cancellation of Contracts, Termination of Contracts, Plaintiff or Defendant (1) provides for a reasonable period of time in any of the following cases, and then the contract is not implemented within the said period: