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(영문) 광주지방법원순천지원 2019.05.09 2018가합11313
손해배상(건)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 2016, the Plaintiff entered into a contract for the construction of reinforced concrete (hereinafter “instant construction”) among the construction of the apartment of the D Regional Housing Association that ordered the Plaintiff and Defendant B as the contractor (hereinafter “B”) with Defendant B, and Defendant C jointly and severally guaranteed the obligations of Defendant B under the instant contract.

The contract amount of the instant contract is KRW 5,566,562,00 for construction period, from October 24, 2016 to December 30, 2017; and the rate of liquidated damages is KRW 1/100 of the contract amount per day for delay.

B. The Plaintiff paid the progress payment to Defendant B in accordance with the progress rate of the instant construction project. By December 20, 2017, the Plaintiff paid KRW 5,307,000,000 for the progress payment amounting to approximately 95% of the progress rate.

C. Until December 30, 2017, the construction period stipulated in the instant contract, the construction of stone works, the construction of tin concrete works, the retaining wall works exempted from the management office side, and the construction of ice line Capital has not been completed.

(hereinafter referred to as “the remaining construction of this case”) d.

On April 12, 2018, the Plaintiff entered into a contract with E Company for incidental civil engineering, landscaping, construction and other construction works among the new apartment construction works of D Regional Housing Association, including the remaining construction works of this case, and E Company completed the remaining construction works of this case.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 4-2 through 4, Evidence No. 5-2 and 5-3, the purport of the whole pleadings

2. Since the construction work in this case was delayed due to Defendant B’s cause attributable to the Plaintiff, the Defendants jointly and severally are liable to pay to the Plaintiff 595,622,134 won, which is the liquidated damages for delay calculated on 107 days per day according to the rate of liquidated damages for delay under the contract in this case.

3. Determination of Gap evidence Nos. 4-1 to 3, 7, 5-1, 1 to 4, 1-2, 2.

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