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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 117,700,00 and Defendant New Asia Construction with respect thereto.
Reasons
1. Basic facts
A. The Plaintiff and Defendant New Asia Construction Contract 1) The Plaintiff was awarded a contract for the “A” from the National Police Agency as an information and communications construction contractor. The Plaintiff is a C Extension Corporation (the extension of the existing second floor building into the fourth floor building) for the construction of B, a part of the said construction work, and the construction of the instant construction work.
(2) On November 14, 2012, the Plaintiff entered into a subcontract on the instant construction project (hereinafter “instant subcontract”) with Defendant New Asia Comprehensive Construction Co., Ltd. (hereinafter “Defendant Comprehensive Construction”), a constructor, on the following terms:
Construction period: From November 14, 2012 to January 29, 2013 (amended by March 20, 2013): 1,070,000,000 won (excluding value-added tax) prior to the conclusion of the instant subcontract, Defendant New Asia General Construction Co., Ltd. around October 18, 2012, written by the Plaintiff, the architect E of the instant construction office, the design drawings (Evidence 26; hereinafter referred to as “the first drawings”).
(4) Around November 19, 2012, the Plaintiff issued a new design drawings (hereinafter referred to as “second drawings”) more concrete to Defendant New Asia’s Construction, which led to conflict between the Plaintiff and the Defendant as a matter of adjustment of construction cost, and the Defendant’s New Asia’s Construction ceased construction work around February 8, 2013.
5) On April 26, 2013, the Plaintiff, while continuing consultation on the adjustment of construction price with Defendant Newia Construction and the Plaintiff, notified Defendant Newia Construction that the instant subcontract was terminated in accordance with Article 25 of the General Clause of the instant subcontract agreement, and on April 29, 2013, the said termination declaration arrived at Defendant Newia Comprehensive Construction. 6).