손해배상(기)
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
Plaintiff
On September 5, 2013, A entered into a construction contract with the Defendant on September 10, 2013 on the commencement date of the construction work for the new construction work for the Gyeonggi-gu Gyeonggi-gun's ground (dong)-based C, with the amount of KRW 125,970,00 of the construction cost, and the amount of KRW 125,970,00 of the construction cost. On the same day, Plaintiff B entered into a construction contract between the Defendant and the Defendant on September 10, 2013 on the commencement date of the construction work for the new construction work for the above ground (dong)-based C, with the amount of KRW 65,00 of the construction cost.
(2) Article 23(1) of the instant construction contract provides that “When the contractor fails to complete the construction within the deadline for completion, the contractor shall pay to the contractor an amount calculated by multiplying the contract amount by 0.1% for each number of days of delay.”
As the Defendant failed to complete each of the instant construction works by November 22, 2013, the date of completion of each of the instant construction contracts, the Plaintiffs sent to the Defendant on September 30, 2014, a certificate of the content that “The instant construction contracts are terminated on the grounds of the failure to complete construction works and the occurrence of defects in construction works until the date of completion, etc.” and this reached the Defendant each time thereafter.
[Grounds for recognition] The Defendant asserted the purport of Gap evidence 1-1, Gap evidence 1-2, Eul evidence 2-1 and 2-1 and 2-2, and the purport of the whole pleadings, and the purport of each of the instant construction contracts was not completed by the completion date stipulated in each of the instant construction contracts. The plaintiffs could cancel each of the instant construction contracts until the completion date of each of the instant construction contracts.
From that point of time, the sum of 30 days required for the Plaintiffs to enter into a contract for the remaining work of each remaining work by physical negotiations and 15 days (20% of the total construction period (74 days) of each of the instant construction contracts) shall be the number of delayed days. Thus, the Defendant shall be the Plaintiff A.