공사대금등
1. The judgment of the court of first instance is modified as follows.
The Defendants are jointly and severally liable to the Plaintiff for KRW 94.6 million.
1. The grounds for this part of the facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance (Provided, That the part concerning co-defendant B, which was separately determined, is excluded), and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The legal nature of the penalty for breach of the duty of this case and the relationship with the liquidated damages for delay;
A. The summary of the Plaintiff’s assertion was that the Defendants agreed on compensation for delay while entering into the instant subcontract with the Plaintiff, but failed to complete the instant construction by May 7, 2013, which is the deadline for completion of the subcontract. On May 2013, the Defendants drafted the instant promise to jointly and severally pay an amount equivalent to 50% of the contract price of the instant subcontract due to penalty, even if the Defendants were to jointly and severally pay for the completion of the instant construction, and subsequently suspended the instant construction on or around October 2013.
Accordingly, the Plaintiff cancelled the instant subcontract, and completed this on February 10, 2014 by requesting another company to perform the remainder of the instant construction work.
Therefore, the Defendants are jointly and severally liable to the Plaintiff, from May 8, 2013 to February 10, 2014, the Plaintiff completed the instant construction from May 8, 2013, with a penalty for delay of KRW 262,988,00 under the instant subcontract from the date following the due date to February 10, 2014, and with a penalty of KRW 473,00,000, totaling KRW 735,98,000, and delay damages.
B. Whether the legal nature of penalty is scheduled to pay damages or penalty is a matter of interpretation of intent to individually determine in a specific case. In determining this, not only the name or phrase used in relation to penalty at the time of concluding the contract, but also the economic status of the contracting party, the details and contents of the contract, the process of concluding the contract, the details and process of the agreement to pay the penalty, the principal purpose and procedure of the agreement to pay the penalty by the contracting party, and the penalty.