공사대금
1. As to KRW 148,572,840 among them and KRW 110,00,000 among them, Defendant B Co., Ltd. (Counterclaim Defendant) on February 11, 2014.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. (1) On May 9, 2013, the Plaintiff and Defendant Company entered into a contract for construction works with the Defendant Company for multi-family houses and neighborhood living facilities (hereinafter “instant new construction works”) with Sejong Special Self-Governing City D on May 9, 2013.
As to the instant contract, the contract was concluded by setting the construction cost of KRW 610,700,00 and the construction period of KRW 610,700 from May 13, 2013 to October 31, 2013, respectively, as the rate of penalty for delay at zero point one percent. The content of the contract related to the instant case is as follows (Evidence A No. 1; hereinafter “instant contract”).
Article 27 [Compensation for Delay] (1) When the defendant company fails to complete the construction within the deadline for completion, the amount calculated by multiplying the contract amount by the rate of the liquidated damages for delay in the contract (hereinafter “compensation for delay”) by the number of days per delay.
(1) The Plaintiff may cancel or terminate all or part of the contract in the case falling under any of the following subparagraphs.
1. Where the defendant company fails to commence construction even after the lapse of the agreed date of commencement without justifiable grounds;
2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the reasons attributable to the defendant company.
3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.
4. Where it is deemed that the objective of the contract cannot be achieved due to the violation of the terms of the defendant company's contract, the plaintiff and the defendant company shall, without delay, settle the construction amount of the completed portion if the contract is terminated pursuant to Articles 31 and 32.
2) Meanwhile, the joint and several surety column of the instant contract is the trade name of “E” operated by Defendant C (personal trade name, name of Defendant C and Defendant C’s place of business, address, etc.).