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Defendants are jointly and severally liable to the Plaintiff for KRW 2,454,285,737 and KRW 951,069,737 among them. From June 25, 2013 to June 25, 2014.
Reasons
1. Basic facts
A. On September 1, 2009, the Plaintiff, Dr. D. D.C. (hereinafter “D. D.C.”) and J. J.S. Co., Ltd. (hereinafter “Defendant Company”) contracted to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for civil engineering works (hereinafter “instant civil engineering works”) among D. D. D. D. A by stipulating that “the cost of construction works: KRW 2,310,000,000 (including value-added tax); the construction period: from September 1, 2009 to March 30, 2010; and the delay compensation rate: 1/1,000 of the construction cost.”
B. The main content of the instant civil engineering works is to construct a factory site through cutting of mountainous districts, filling-up, retaining wall installation, ground-breaking, excellent pipes and sewage pipes installation, road packaging, etc. on the instant site E (hereinafter “instant site”).
C. While the Defendant Company was performing the instant civil works, there was rupture in a number of retaining walls installed at the site of the instant civil works work site in early 2010, and there was an accident that collapses due to the flow of the soil on some slopes of the two complexes among the site of the instant civil works site (hereinafter “instant primary sludge”).
In addition, due to various problems such as the plaintiff's representative director's violation of the Mountainous Districts Management Act due to the damage of undeveloped land of two complexes among the sites of the civil works in this case, the civil works in this case were suspended from May 2010.
Since then, the Plaintiff and the Defendant Company agreed to complete the construction of the remaining construction of the undeveloped land instead of the damaged undeveloped land whose construction cost is 50 million won recognized as the additional construction cost, and later, the construction cost on September 1, 2010 is KRW 2,860,00,000 (including value-added tax) and the construction period is from September 1, 2010 to November 30, 2010. However, even though the Plaintiff asserted that the small amount of the design drawings for the restoration is the “design drawings for the restoration of adjacent land,” it is apparent that it is a clerical error in the “Design drawings for the restoration of adjacent land.”
3 months after the confirmation.