손해배상(기)
The plaintiff (Counterclaim defendant) is jointly responsible for the defendant (Counterclaim plaintiff)'s KRW 166,306,910 and its amount from November 15, 2018.
Basic Facts
A. The Plaintiffs are the contractors, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) who newly built and sold multi-household houses on the ground of the land F and two parcels (hereinafter “instant site”) in Ansan-gu, Ansan-gu, and Defendant E are real estate brokers and persons engaging in the housing construction business, construction business, etc. and construction business.
B. On June 2, 2017, the Plaintiffs entered into a construction contract with Defendant E and the construction period from July 15, 2017 to March 3, 2018 (including value-added tax) for construction to newly construct a multi-household house on the instant site (hereinafter “instant construction contract”). The key contents are as follows.
The construction contract site for construction works: The contract price: F from July 15, 2017 to March 2018: The period and method of payment of the completed portion of KRW 1,680,000 (in the average of KRW 4 million per 4 million per annum, converted into 400,000): The rate of compensation for delay stated separately: Article 11 (Extension of the construction period) of the General Conditions (1) (1) where the performance of construction is delayed due to reasons not attributable to the contractor, such as a natural disaster or force majeure, etc. < Amended by Presidential Decree No. 28218, Jul. 15, 2017>
(2) Where a request for extension of the contract period referred to in paragraph (1) is made, a contractor shall promptly investigate and confirm the fact and take necessary measures, such as extension of the contract period so that the construction work may be performed appropriately.
(4) Where a contractor approves an extension of the contract period referred to in paragraph (1), he/she shall not impose a penalty for delay for the extension thereof.
Except as provided for in Articles 14 and 15, in cases where it is necessary to adjust the contract amount due to the revision of the terms and conditions of the contract, the contract amount shall be determined on the basis of actual expenses for the changed contents.