손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”) in order to promote the housing redevelopment improvement project in the king New Town Zone 2, which constructs apartment and its appurtenant welfare facilities (hereinafter “instant apartment”) on the ground of 58,429.80 square meters of land in Seongdong-gu, Seongdong-gu, Seoul Metropolitan Government 12-37,548 square meters.
B. On November 7, 2007, the Defendants jointly constructed the instant apartment and entered into a construction contract with the Plaintiff (hereinafter “instant construction contract”) with the following content.
The contents of the project: The outline of the construction project for the new construction of the building facility (a apartment and its appurtenant welfare facility): the total floor area of 221,924.86m2: the number of households of 1,136m2 and the 25m25m2 on the ground: the contract amount: 258,459,239,500 won (3.3058m2 per 3,850,000m2) and the moving expenses, and if it is necessary to revise the change of the separate total floor area of value-added tax and the unit price of 3.305m2 above, the construction period shall be changed on the basis of the unit price of 3.305m2 above, if it is necessary to revise the change of the separate total floor area of value-added tax and the preparation of the change under this contract:
C. The terms and conditions of the construction contract attached to the instant construction contract are as follows: liquidated damages, construction period, extension thereof, etc.
Article 37 (Compensation for Delay) When the Defendants fail to complete the construction work within the construction period under Article 9 without justifiable grounds, they shall bear the compensation for delay during the period of delay.
Provided, That this shall not apply where construction is delayed under Article 30.
(2) Compensation for delay under paragraph (1) shall be paid to the Plaintiff an amount calculated by multiplying the amount of a construction contract under Article 7 by 1/1,000 for each number of days of delay, or the construction cost to be paid to the Defendants shall be deducted
(b).