손해배상(건)
1. The Defendants shall jointly and severally serve as KRW 99,160,000 on the Plaintiff and as a result, from May 16, 2018 to October 24, 2018.
1. Facts of recognition;
A. On February 16, 2017, the Plaintiff and the Defendants entered into a contract for the extension of the Busan metropolitan living facilities (hereinafter “instant construction contract”) with the Defendants as joint contractors (hereinafter “instant construction project”) with the Defendants as joint contractors, and the main contents thereof are as follows.
The period of construction: 240,000,000 won for delay (excluding value-added tax): The amount equivalent to 2/1000 of the construction cost per day of each day of delay - the payment of down payment of KRW 24,00,000 per day - at the time of commencement of a contract - at the time of commencement of a contract - the first intermediate payment of KRW 50,000: 50,000 for the second intermediate payment of KRW - after completion of steel works - After completion of steel works - The second intermediate payment of KRW 50,000 for the second intermediate payment of KRW 50,000,000 for the third intermediate payment of KRW 50,000 for the third intermediate payment of KRW : 26,00 for the board, facilities, and remainder after completion of electricity: 26,000,000 for the first installment payment of KRW - After completion of construction works.
B. The Plaintiff obtained a building permit for the instant construction project on March 17, 2017, but the Defendants failed to complete the instant construction project within 50 days thereafter.
C. Accordingly, on May 8, 2017, the Plaintiff and the Defendants extended the instant construction period to May 20, 2017.
On May 18, 2017, the Plaintiff and the Defendants entered into an agreement with the Defendants to compensate the Plaintiff for the amount of damages incurred in the event that the Defendants did not pay the construction cost that the Defendants received from the Plaintiff as the payment for the completed portion of the subcontractor’s business, resulting in disputes arising therefrom (hereinafter “instant compensation agreement”).
E. On May 20, 2017, the Defendants suspended the instant construction work, and on June 7, 2017, drafted a contract additional special agreement stating the Plaintiff’s waiver of the exercise of the right to retention against the instant construction site (which appears to be a de facto waiver of construction work).
F. Thereafter, the Plaintiff contracted the remaining part of the construction work to another construction business operator and completed the instant construction work around June 26, 2017.