손해배상(기)
1. The Defendant (Counterclaim Plaintiff) and the Defendants jointly and severally file for KRW 500,000,000 with the Plaintiff (Counterclaim Defendant) and the same on October 2013.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings on the entry of evidence A No. 6-1:
Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established for the purpose of interior design, construction and supervision, and Defendant C is the representative director of Defendant C, and Defendant C is a person who operates Defendant C along with Defendant D.
B. On March 21, 2013, the Plaintiff: (a) concluded a contract with Defendant C and B with the construction period of the construction work of the construction work of Seopo-si E and F lending 8 (hereinafter “instant construction work”); (b) from March 22, 2013 to October 5, 2013, the construction work price of KRW 1,320,000 (including value-added tax; hereinafter the same shall apply) and the contract price of KRW 3/1,000 per day (hereinafter “instant construction contract”).
C. On September 2, 2013, Defendant B prepared and issued to the Plaintiff a written confirmation that the instant construction project would be completed by September 17, 2013.
On October 11, 2013, the Plaintiff notified the Defendants of the termination of the instant construction contract on the grounds that the instant construction project was not completed by the agreed deadline.
2. The parties' assertion
A. Plaintiff 1 agreed to jointly perform the instant construction works with Defendant C and B. 2) At the time of termination of the instant construction contract, Defendant D agreed to jointly perform the instant construction works with Defendant C and B. However, the Plaintiff paid KRW 1,385,00,000 as construction cost, and thus, the Plaintiff paid KRW 725,000,000 [1,385,000,000 - [660,000,000 x 50%) was overpaid.
3) As the instant construction project has not been completed until September 17, 2013, which is the agreed deadline, there was a penalty for delay equivalent to 95,040,000 won (1,320,000,000 x 3/1,000 x 24 days) by October 11, 2013. Accordingly, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 500,000,000, which is a part of the total sum of paragraphs (1) and (2) of the aforesaid Article.
B. Defendant B is identical to the Plaintiff’s assertion.