손해배상(기)
1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 88,844,00,000.
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Facts of recognition;
A. On November 28, 2014, the Plaintiff, Defendant A, and B entered into a construction contract with respect to the construction work to build a new E plant on the land (hereinafter “instant construction work”) on the Gangwon-gun, Gosung-gun, and five parcels that the said Defendants planned to purchase (hereinafter “instant construction work”). The payment terms are as follows: (a) the construction work price of KRW 450 million is KRW 450,000,000; and (b) the construction time from December 4, 2014 to February 10, 2015 (hereinafter “instant contract”); and (c) the settlement terms are as follows.
(i) make payments through bank loans issued by the Korea Credit Guarantee Fund; (ii) shall be paid as the first priority to a bank loan after completion when a credit guarantee certificate is not available; and (iii) shall be repaid within two months if insufficient and shall be paid to the maximum interest authorized by the law when not performed;
2. With respect to any construction works added other than drawings, Gap (Defendant A, B) and Eul (Plaintiff) shall settle the accounts by mutual consultation in accordance with the general contract amount.
3. At the same time with the contract, Eul shall immediately borrow and pay to Gap 50 million won as design price, land price, etc., and this amount shall be separate from the contract price and shall be set up as collateral security on the house owned by Gap .
5. A shall transfer the land of this plant to a person designated by A or A and submit related documents to B as a result of the contract, so that A may carry out the business of issuing a letter of guarantee from the Credit Guarantee Fund or banking loans.
The contract of this case is accompanied by the following special factors:
B. The Plaintiff paid KRW 50 million to Defendant B on November 27, 2014 and February 28, 2014, pursuant to Article 3 of the Clause of the instant contract.
C. During the construction of the instant construction, the construction process was added to the design drawings provided by the Defendant, and the geological survey was not carried out. Accordingly, the Plaintiff and the Defendants on January 8, 2015, while discussions on the increased construction cost were underway.