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1. The Plaintiff:
A. As to KRW 38,500,000 and KRW 28,500,00 among them, Defendant A shall be from August 20, 2015 to June 23, 2016.
Reasons
1. Claim against the defendant A;
(a) The description of the grounds for the attachment to the description of the claim against the defendant A;
(b) Judgment rendered for confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);
C. The agreement on liquidated damages for partial termination has the nature as a scheduled amount of damages unless there exist special circumstances. In case where the amount of liquidated damages for delay calculated under the agreement is deemed to be excessive in excess of the scope of ordinary people’s benefits, in light of all the circumstances, such as the status of the contracting party, purpose and contents of the agreement, the motive behind the liquidated damages for delay, the actual damages and the liquidated damages for delay, the comparison between the damages and the liquidated damages, and the economic conditions at the time of the agreement, it may be reasonably reduced.
(2) In light of the aforementioned legal principles, the Plaintiff’s active measures by November 13, 2015 are not deemed to have been taken until September 18, 2015, taking into account the following circumstances: (a) the rate of damages for delay (1/100 of the contract amount) stipulated in the said contract is somewhat excessive; (b) the date of completion of the agreement, despite the fact that the Plaintiff sent a certificate of demand for the progress of construction to the Defendant on September 18, 2015, and the amount of liquidated damages calculated by the Plaintiff exceeds the contract amount of the said contract; and (c) the amount of liquidated damages calculated by the Plaintiff exceeds the contract amount of the said contract; and (d) the amount of liquidated damages shall be reduced to KRW 60,990,000, which is unfairly excessive; and (e) the amount of liquidated damages calculated by the Defendant A shall be reduced to KRW 10,000,000.
2. Claim against the defendant Seoul Guarantee Insurance Co., Ltd.
A. Basic facts 1) Defendant A entered into a contract with the Plaintiff by setting the contract amount of KRW 57,00,000 (including value-added tax) and the contract period from June 17, 2015 to September 18, 2015.