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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs the business of remodeling and repairing buildings, and the limited liability company C (hereinafter “C”) is a corporation that runs the business of building reinforced concrete, etc., and the Defendant A is the representative director of C.
B. The Plaintiff was contracted with the Seoul Mapo-gu Seoul Metropolitan Government Office of Education to extend the Multi-Purpose D Elementary School in Mapo-gu. On June 26, 2012, the Plaintiff subcontracted the portion of the reinforced concrete construction to C during the construction period of KRW 188,266,100, and the construction period from June 27, 2012 to September 30, 2012.
C. Upon delay in the construction work, the Plaintiff extended the construction period in consultation with C, but C did not perform the construction work as scheduled. Ultimately, C prepared and delivered a letter of waiver of construction to the Plaintiff on December 28, 2012, and the subcontract between the Plaintiff and C was cancelled at that time.
After that, on February 18, 2013, the Plaintiff entered into a contract with Defendant A to subcontract the remainder of reinforced concrete construction subcontracted (hereinafter “the remainder of this case”) to Defendant A (hereinafter “instant remaining construction contract”). Defendant B guaranteed the Plaintiff’s obligation under the said contract, and the content thereof are as follows.
- Directer : The total construction period of 97,00,000 won 2): From February 18, 2013 to March 30, 2013: Compensation for delay: daily (97,000 won) - Compensation for damages (97,00 won x 97,00 won) due to the suspension of construction at the time the construction does not proceed within seven days from the commencement date or when the construction is waived, (5) compensation for damages (97,00 won x 97,00 won) due to the suspension of construction at the site, (7) expenses other than the above amounts include the standards for temporary finishing construction, (6) standards for installation of change of designs such as material, rent, etc., and (8) payment at the rate corresponding thereto when a change in design or any other change occurs, shall be treated as the balance amount of construction works, and shall be directly paid as the remainder amount.