logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.08.22 2019가단77480
약정금
Text

1. Defendant C and Defendant E jointly and severally share KRW 61,230,000 with respect to the Plaintiff as well as the amount thereof from November 7, 2017.

Reasons

1. Basic facts

A. Defendant E is a person running Defendant F Co., Ltd. (hereinafter “F”) and Defendant D Co., Ltd. (hereinafter “D”).

B. On October 25, 2016, the Plaintiff concluded a contract with Defendant F for the construction cost of KRW 195 million with respect to the instant civil engineering works among G factory construction works (hereinafter “instant civil engineering works”), from October 27, 2016 to December 27, 2016, on the basis of the rate of liquidated damages per day to KRW 1/100 of the construction cost per day, among G factory construction works owned by the Plaintiff.

C. In addition, on May 19, 2017, the Plaintiff stated the rate of delay compensation as 1% of the total contract amount, but the Plaintiff also claims 0.1% as 0.1% in the certificate of termination of the contract, according to the construction contract in the certificate of evidence No. 4 of the rate of delay compensation per day from May 22, 2017 to August 31, 2017 with respect to the construction work (hereinafter “construction work in this case”) among the construction work in the above new construction work in the factory (hereinafter “instant construction work”).

D. D.

However, due to the delay in the instant civil and construction works by the Defendants, the period was not completed within the agreed construction period. The Plaintiff and the Defendants terminated each of the above contracts on November 6, 2017. However, from the date following the scheduled date of completion of each of the construction works of the instant civil and construction works, Defendant C and Defendant D agreed to pay the penalty for delay to the Plaintiff and Defendant E jointly and severally pay each of the above obligations from the date following the scheduled date of completion of each

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition of the part of the joint and several liability claims against Defendant C and Defendant E, Defendant C and Defendant E jointly and severally with the Plaintiff KRW 61,230,000 in an agreed amount equivalent to the liquidated damages for delay (=construction price of KRW 195,00,000 x 314 days (=from December 28, 2016 to November 6, 2017) x 1/1000).

arrow