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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Facts of recognition;
A. On July 3, 2018, after receiving a new construction of G-Leasetel in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “H”) from E Co., Ltd., the Defendant subcontracted the construction period of KRW 1,385,690,000 for construction cost from July 3, 2018 to December 2, 2018, to H (hereinafter “instant construction”).
(hereinafter “instant subcontract agreement”). The main contents of the instant subcontract agreement are as follows.
Orderer: The prime contract period for new construction works of G private rental housing: The subcontracted construction period from July 3, 2018 to April 30, 2020: Land, earth and sand, files, and the place of incidental construction works: Three parcels outside the F of Yeongdeungpo-gu Seoul Metropolitan Government.
4. Construction period: Land, earth, and file works from July 3, 2018 to December 25, 2018: 1,385,690,000 won;
7. Contract performance guarantee rate: 10% of the contract amount; and
8. Rate of warranty bond: 5% of the contract amount;
9. Rate of liquidated damages: In cases where the grounds for cancellation or termination of the contract occur as stipulated in Article 4 (Defects and Civil Petitions) of the terms of the Special Agreement on the Contract in this case by the hour of delay, the defendant may set off or deduct the corresponding amount of the warranty bond (referring to the warranty bond for the portion executed by H) stipulated in the contract from the construction cost to be paid to H immediately after the occurrence of any grounds therefor;
B. While engaging in the instant construction, H discontinued the construction as a matter of non-payment of equipment, etc., and urged the Defendant to resume and delay the construction to H, but H did not continue to perform the construction properly.
Accordingly, on April 17, 2019, the Defendant: (a) deemed that he/she did not perform his/her contractual obligations if he/she did not prepare and reply to H by April 22, 2019; and (b) notified the Defendant and H of the purport that the instant subcontract contract will be terminated as of April 22, 2019.