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The Defendants shall jointly and severally serve as the Plaintiff KRW 75,400,000 and as a result, from February 15, 2020 to December 23, 2020.
Reasons
1. Basic facts
A. On July 15, 2016, the Plaintiff entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) as to the construction of a neighborhood living facility or multi-family house (hereinafter “instant building”) on the ground of the Jeju-do government, the construction cost of KRW 545,00,000, and the completion date of the construction contract on December 30, 2016 (not later than five months from the commencement date) (hereinafter “instant construction contract”); on the part of Defendant C Co., Ltd., the actual operator of the Defendant Company, the guarantor of the instant construction contract, stated the name of Defendant C and the name of “F” with the name of Defendant C; however, F appears to be another name used by the Defendant C. As a guarantor of the Defendant Company, the Plaintiff stated “contractor (Defendant Company)” in the instant construction contract as the joint signature and seal.
The main contents of the instant construction contract are as follows.
The total amount of the standard contract for private construction works: 545,00,000 won (in addition, the amount shall be based on the relevant Acts and subordinate statutes): 15% (79,500,000 won) of the total amount of the contract in lieu of performance bond : The rate of delay delay penalty x the number of delayed days x Article 26 (Compensation for Delay) of the general conditions of the standard contract for private construction works x 3/1,000 (in lieu of securities) of the contract amount x ① When the defendant company fails to complete the construction works within the period of completion, the amount calculated by multiplying the contract amount by the rate of delay penalty on the contract date shall be paid to the plaintiff every
Article 30 (Cancellation, etc. of Contracts) (1) In cases falling under any of the following subparagraphs, all or part of the contract may be rescinded or terminated:
2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the reasons attributable to the defendant company.
3. Where the penalty for delay arrives at the amount equivalent to the contract bond, and it is deemed impossible to complete the construction works even after the contract period is extended.
5. Suspension of construction works shall be at least ten days.