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(영문) 제주지방법원 2020.01.09 2018가합10957

손해배상(건)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 88,200,000 won and each year from June 26, 2018 to January 9, 2020.

Reasons

1. Facts of recognition;

A. On July 16, 2016, the Plaintiff stated the construction cost of KRW 700,00,000 (excluding value-added tax), the construction period from July 22, 2016 to February 22, 2017 with respect to the construction of multi-family houses on the ground (hereinafter “instant building”) located in Seopopo City D (hereinafter “instant construction”) as “0,001%” but the rate of liquidated damages for delay in the instant contract (Evidence A No. 1) appears to be “0.01%”, which appears to be an obvious clerical error of “0.01”.

The contract for construction works (hereinafter “instant contract”) was concluded to be awarded to the Defendants.

On October 28, 2016, 7,000,000 on December 22, 2016, 2016, 63,000,000 on July 26, 2016, 016, 00,000 on December 50, 2016, 000,000 on December 50, 2016, 2000,000 on October 70, 200,000 on October 28, 2016, 200,000 on October 28, 2016, 200, 18,000 on November 50, 200,000 on the aggregate; 10,000,000,000,00 on October 50, 200, 2000, 100, 007,005;

B. From July 22, 2016 to March 17, 2017, the Plaintiff paid Defendant B a total of KRW 500,000,000 as the construction price of the instant case as follows.

C. On April 20, 2017, the Plaintiff and B agreed to pay directly the construction cost of KRW 19,00,000 to F, a representative of E, a sewage subcontractor of the instant construction project, and accordingly, the Plaintiff paid KRW 19,00,000 to F, May 10, 2017.

5. 1: 00 Do subcontractor; 5,00,000 on May 20, 2017; G2, 17,000; 10,000; 18,000 H 3 square meters on May 15, 2017; 10,000; 10,000 0; 0. 00 0. 05,00 0,00 15,00 0; 15,000 0; 10,000 0; 15,00 0,00 0; 15,00 0,00 0; 15,000 0,005, 05,00 10,005, 10,005, 105,005, 10,005,00