지체상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendants: (a) around April 17, 2015, the construction period for the construction of the New Construction of the Civil Petitions B Hospital (hereinafter “instant building”) in the Cheongju-si (hereinafter “instant building”); (b) from March 23, 2015 to March 23, 2015 (hereinafter “instant construction”).
6. Until 20.20, the construction cost was KRW 2,218,700,000 (i.e., construction work KRW 1,503,700,000 for electricity, telecommunications, fire fighting work, and fire fighting work), and the contract for delayed delay as 0.1% of the construction cost per delayed days (hereinafter “the contract”) was concluded. Among the construction work, the construction work performed by Defendant Rusi Construction, and the electrical, telecommunications, and fire fighting work performed by Defendant Quota set forth respectively.
B. Meanwhile, between the Plaintiff, the Defendants, and F on June 12, 2015, the instant construction period from April 25, 2015, between the Plaintiff, the Defendants (a contract under which the Plaintiff’s representative director D takes over the Plaintiff’s corporation as of March 9, 2015) and F on behalf of Nonparty E.
7. A modified contract was made with the content that the construction cost should be increased to KRW 2,528,700,000 (i.e., construction work 1,503,700,000 for electricity, telecommunications, and fire fighting work 1,025,000 for electricity, telecommunications, and fire fighting work) and that the responsibility for the delay of construction should not be borne between them (No. 1; hereinafter referred to as “instant modified contract”).
C. On August 7, 2015, the Plaintiff sent to the Defendants a content-certified mail stating that “The instant construction has not been completed despite the scheduled completion date, and demands prompt progress of the construction.” On September 9, 2015, the Plaintiff sent again a content-certified mail containing the intent to terminate the contract for the construction project due to the delay of the construction project.
On the 21st of the same month, the Defendants responded to the purport that “the construction of this case was delayed due to changes in the Plaintiff’s design, the occurrence of seized claims, the delay in the authorization and permission of civil engineering works, etc.”
In addition, the plaintiff on January 11, 2016 due to the delay in construction to the defendants.