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1. The Defendant (Counterclaim Plaintiff) shared KRW 56,120,782 and KRW 43,613,782 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. From September 3, 2016, the Plaintiff and the Defendants consulted with respect to the instant building and the construction of a new residential facility and a detached house (hereinafter “instant building”) in Mapo-gu Seoul, Seoul. On November 1, 2016, the Plaintiff sent a detailed statement (the supply price of KRW 372 million) to the Plaintiff on November 1, 2016. On November 10, 2016, the Plaintiff entered into a contract on November 21, 2016 (hereinafter “instant contract”).
B. The instant contract contains the following:
Contract amount: 4169 million won (the supply price of KRW 379 million, the value-added tax of KRW 379 million): 3% of the warranty bond rate on April 21, 2017, 201, 3% of the warranty bond rate on April 21, 2017, 2 years of the warranty period, and 100% of the liquidated damages rate (the general conditions of the standard contract for construction works (hereinafter referred to as "general conditions")
Article 26(1) of the Act provides that when the Plaintiff fails to complete the construction within the deadline for completion, the Plaintiff shall pay to the Defendants the amount calculated by multiplying the contract amount by the rate of liquidated damages in the contract by the delayed number of days.
However, where the inspection of completion has been delayed due to a cause attributable to the Defendants and where the construction has been delayed due to any cause falling under any of the following subparagraphs, compensation for delay equivalent to the relevant days need not be paid
1. Cases due to force majeure events prescribed in Article 18;
4. Where a construction project is delayed due to any other cause not attributable to the Plaintiff: 20% of the amount completed at the time of the construction contract (pre-paid) and 20% of the amount completed: 15% of the amount after the removal of the third floor, 15% of the shares after the removal of shares, 15% after the completion of the construction project, 15% after the completion of the construction project, and 30 days after the completion of the construction project (wholly completed construction).