손해배상(건)
1. The defendant (Appointed) and the defendant limited liability company C are jointly with the defendant limited liability company D and E, and they are jointly with the plaintiff.
The following facts are either a dispute between the parties or may be acknowledged by taking into account the overall purport of the pleadings in the statement of evidence No. 1, which is based on the judgment on the claim against the defendant (Appointed Party) and the defendant limited liability company C.
On August 22, 2016, the Plaintiff entered into a contract with Defendant limited liability company C (hereinafter “Defendant C”) and the Dongjak-gu Seoul Metropolitan Government Construction Project for New Housing (hereinafter “instant Construction”) on the cost of construction 380,000,000 (excluding value-added tax), October 1, 2016, and January 30, 2017 as of the scheduled date of completion of construction (hereinafter “instant contract”).
The provisions related to liquidated damages in the contract of this case shall be as follows.
▣ 민간건설공사 표준도급계약서
8. Delay compensation: 0.03 shall be paid every day if more than four months have elapsed from the commencement and completion date.
(매월 0.1%). ▣ 시공사 관련
4. After the completion of construction specified in the contract, compensation for delay every month shall accrue (0.1% of the total construction cost). The instant construction was not completed at the time of August 31, 2017.
The plaintiff's assertion that the defendant (appointed party) and the appointed party are the actual operator or the business operator of G who agreed to complete the construction of this case through the new proposal.
Since the construction of this case has not been completed until now, the defendant (appointed party) and the designated parties are obligated to pay liquidated damages for delay due to the delay in completion as the substantial parties to the contract of this case.
As of January 31, 2017, from January 31, 2017 to August 31, 2017, the Plaintiff, together with the Defendants, is obligated to pay the Plaintiff the penalty for delay 242,820,000 won (i.e., the construction amount of 380,000 won x the number of delayed days x 213 days x the rate of 0.003 per day) and delay damages.
The Defendant (Appointed Party) is the instant case.