손해배상
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. On September 15, 2011, the Plaintiffs concluded a construction contract with the Defendant on September 15, 201, setting the commencement date of the new construction of a multi-household house on the ground of 348.3 square meters in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) as the date of September 15, 201, and the completion date of the new construction project as February 28, 2012, the contract amount as KRW 766,400,000 was set as KRW 766,40.
B. The Defendant requested the Plaintiffs to be able to jointly supply and demand construction works with the Dowon General Construction Co., Ltd. (hereinafter “Dowon Construction”). Accordingly, the Plaintiffs changed the completion date of construction works and the commencement date of construction works on November 18, 201, to March 20, 201, and concluded the same construction contract.
C. Although Article 27 of the General Terms and Conditions of the Contract for each of the above construction contracts entered into with the Defendant and Dowon Construction, the Plaintiffs had to pay liquidated damages, they did not separately agree on the rate of liquidated damages at the time of the above contract.
As the Defendant continued to complete the construction without completing the construction of the instant building by March 20, 2012, the Defendant agreed to complete the construction by July 16, 2012 in the presence of the Plaintiffs, the Defendant, and the Dowon Construction, E, a designer of the instant building, and F, a supervisor, by July 2, 2012, and drafted a written agreement (hereinafter “instant agreement”) with the following contents.
E. Of the contents of the instant agreement, the portion of the penalty for delay is outputed in the printed body as “0.1/100”, and is written below two parts as “0.1”, and the seal of Plaintiff A, Defendant, and Dowon Construction is affixed thereto, and the other parts written in the original printed body as modified, and both the seal of Plaintiff A and Defendant Dowon Construction affixed to each other.
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