beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 5,214,00 and Defendant B with respect thereto from June 17, 2014; and Defendant C with respect to the same.
Reasons
1. Basic facts
A. On September 11, 2013, the Plaintiff: (a) concluded a contract with Defendant B for a new construction of D-ground detached housing with the construction cost of KRW 158 million; (b) the construction period from September 11, 2013 to December 31, 2013 (hereinafter the “instant construction contract”); and (c) Defendant C jointly and severally guaranteed the obligation under the instant contract with Defendant B on the same day.
B. From September 11, 2013 to January 25, 2014, Defendant B suspended the instant construction, and the Plaintiff paid Defendant B KRW 30,000,000 on September 12, 2013 as the construction cost under the instant contract, and KRW 30,50,000 on October 15, 2013 (in direct payment of KRW 2370,00,000,000,000 and KRW 8.13,00,000,000 on October 25, 2013, and KRW 30,000 on December 4, 2013, and KRW 6.5 million on December 30, 2013.
(Plaintiff transferred KRW 18.5 million to Defendant B on December 30, 2013, but among them, KRW 2.5 million was the additional construction cost related to the height of the building). 【Ground for Recognition” without any dispute, entry in evidence Nos. 2 and 3 (including branch numbers where there is a land number) and the purport of the entire pleadings.
2. The parties' assertion and judgment
A. As the Plaintiff did not complete the construction work by the date of completion of the agreement, the Defendants asserted that they jointly and severally have the obligation to pay the liquidated damages for delay for the period of 33 days from the date of delay in the construction work. As such, the Defendant B was unable to complete the construction work on December 31, 2013, which is the scheduled date of completion as stipulated in the instant contract, and the construction was suspended on January 25, 2014.
In addition, in full view of the purport of Gap evidence No. 2 and the entire arguments, the contract form used when the plaintiff and the defendants enter into a contract under the Act on Contracts to which the State is a Party at the time of entering into the contract of this case.