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1. The defendant 30,431,770 won against the plaintiff Esatro Co., Ltd., 55,810,817 won against the plaintiff A, and 12.
Reasons
1. Basic facts
A. On March 12, 2008, the Defendant entered into a contract for construction works (hereinafter “instant contract”) with Jinwon General Construction Co., Ltd. (hereinafter “Jinwon Construction”) on the land outside F and four parcels of land (hereinafter “instant building”) with the Defendant, at the time of strike, on the construction cost of KRW 1 billion (including value-added tax; hereinafter the same shall apply). The contract bond of KRW 180 million is KRW 100 million until July 1, 2008; the remainder is paid within 15 days after completion; the completion date of the completion of the contract; the remainder is paid within August 30, 2008; and the contract amount per 1/1,000 of the contract amount per delay (hereinafter “instant contract”).
B. The Defendant paid to Jinwon Construction a contract deposit of KRW 100 million on March 13, 2008, KRW 30 million on June 11, 2008, and KRW 180 million on July 1, 2008.
C. On March 17, 2008, Jinwon Construction subcontracted the instant construction project to G, but the construction was suspended due to the failure of the Plaintiff to pay wages and material prices.
Since then, on July 26, 2008, Jinwon Construction subcontracted the construction work interrupted to Enzym Construction Co., Ltd. and H, but the construction work was not paid on September 2008, and the construction was again interrupted.
Upon the delay in the construction of this case, the Defendant agreed on November 5, 2009 that “The contract of this case is terminated. The construction of the Jinwon does not participate in the construction of this case after the completion of the construction of this case, and does not exercise the right of retention, etc. until the completion of the construction completion. As to the construction cost of the utility model, it shall be agreed or adjusted as soon as possible after the completion inspection.”
E. Since then, there was no difference between the instant construction and the Defendant, around January 2010, agreed to resume the instant construction under the same conditions as the instant contract.
F. On January 15, 2010, Jinwon Construction will appoint I as the Director of the On-Site of the instant construction project, and the construction cost (cost) shall be the Plaintiff 1 on January 15, 201.