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1. The Defendant’s KRW 46,683,00 for the Plaintiff and KRW 5% per annum from January 8, 2019 to May 1, 2019.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap 1, 2, 3, and 4-1, 4-2:
On September 13, 2016, the Plaintiff concluded a construction contract with the Defendant for the construction cost of 815,100,000 won (value of 741,00,000, value-added tax of 74,100,000), and the term of the contract from September 13, 2016 to December 31, 2016, with respect to the interest rate of 0.1% (the contract amount of 1/1000 x the number of days delayed) as to the interest rate for delay at the time, and the parts relating to this case are as follows.
Article 16 (Performance Delay) (1) If a person referred to in Article 16 (Defendant) fails to complete the construction within the deadline for completion as set forth in the contract, he/she shall be the amount calculated by multiplying the amount of the penalty for delay as set forth in the contract by the rate of the penalty for delay
(2) If the Corporation is deemed to have delayed due to any of the following causes, it shall be exempted from the penalty for delay equivalent to the number of days in question.
(1) Where the progress of construction works has been delayed due to a natural disaster, war, harbor sealing offset, quarantine, access limit, etc. (2) where the supply of important materials that cannot be substituted by the defendant has been delayed. (3) Where the construction works have been delayed or suspended due to any cause attributable to the plaintiff (the plaintiff).
B. The plaintiff does not belong to this case.