손해배상(기)
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,481,469,184 and KRW 500,000,00 among them, from August 9, 2017, and from August 9, 201.
1. Facts of recognition;
A. On November 21, 2008, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) and Nonparty D Co., Ltd., E, FF Co., Ltd., and G on November 21, 2008 (hereinafter “instant contract”). The Plaintiff entered into a contract with Nonparty D Co., Ltd., Ltd., and the Gangwon-do Stick-gun Corporation (hereinafter “instant construction”) under which the construction cost is KRW 214,70,000,000, and the construction period is determined from November 28, 2008 to May 27, 2010 (hereinafter “instant contract”).
Contract amount: The rate of liquidated damages for delay in KRW 245,353,874,240: 1/1,000 of the contract amount: the period of construction on November 27, 2010 on the date of the commencement of works on November 28, 2008: 1-10 years (in addition, Article 70 of the Enforcement Rule of the Act on Contracts to Which the State Is a Party) [Attachment] the members of the joint supply and demand organization under Article 6 (Liability) of the Joint Supply and Demand Agreement (Joint Implementation Method) shall be jointly and severally liable for the performance of contractual obligations to the ordering agency.
Article 13 (Liability for Warranty of Defects) If any defect occurs in the construction work concerned after the joint contractors are dissolved, joint contractors shall be jointly and severally liable.
B. The instant contract was modified on five occasions, and the payment and the period were finally modified on March 24, 201, as follows.
C. Defendant C Co., Ltd (hereinafter “Defendant C”) promised to perform the obligation under the instant contract jointly and severally with Defendant B as a joint and several surety.
Defendant B implemented the instant construction in accordance with the instant contract, and completed the said construction around November 26, 2010.
E. On February 21, 2014, the Plaintiff requested the repair of defects to Defendant B by March 7, 2017 on the ground that ruptures and sludges of Idong (hereinafter “instant container”) occurred, and continuously requested the repair of defects until March 7, 2017. From March 6, 2017, the Plaintiff took measures to suspend and restrict its business for safety purposes.
The amount required for the type of work is 1 rupture.