공사대금
1. The judgment of the court of first instance is modified as follows.
The defendants are jointly and severally liable to the plaintiff for 4,622,232,186 won and their importance.
1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged in full view of the statements (including each number) in Gap evidence 1 to 7, Eul evidence 1 to 4, 6 to 13, 26, and 43, and witness V of the trial. A.
1) The Defendant Company A (hereinafter “Defendant Company”) entered into the instant contract
(2) Defendant B’s representative director is the Plaintiff’s each of the instant lands (hereinafter collectively referred to as “each of the instant lands”) and 12 lots, including 659m2 and 659m2 in Sungnam-si.
(2) The project to newly build and sell the private canal wells (hereinafter referred to as the “instant project”).
(2) Around September 7, 2006, Defendant B established the Defendant Company on June 11, 2007 in order to obtain a PF loan from a financial institution, after concluding a sales contract with D to purchase each of the instant lands in KRW 23 billion, and obtained a construction permit for the new construction of approximately 18 households, including a construction permit listed in the attached Table 2 as to each building listed in the attached Table 1 list.
On April 11, 2008, the Defendant Company entered into a contract with the Plaintiff for the construction of a new construction of 27 household units for the first and second basements of the second floor (hereinafter “instant construction”) on each of the instant land, with the price of KRW 25,781,310,00 (excluding value-added tax) (hereinafter “instant contract”). Defendant B, on the same day, jointly and severally guaranteed the Defendant Company’s obligations under the instant contract.
Construction Contract Documents
3. Period: 18 months after the commencement of works.
5. Payment with fixed payment: Cash payment every two months.
6. Interest rate for delay in payment of the price: 12%/year.
7. Warranty period: Three years (Provided, That it shall be in accordance with Acts and subordinate statutes for items prescribed by relevant Acts and subordinate statutes);
8. Warranty bond: 3/100 of the contract amount;
9. Rate of liquidated damages: Article 19 (Deposit for Construction Work) (2) of the General Conditions for the Contract for Construction Work (Deposit for Construction Work) of the contract amount. The plaintiff shall file an application for the amount of the construction work once every two months according to the progress rate of the construction work, and the defendant company shall be the defendant company.