손해배상(기)
1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 29,670,000 and its amount from September 21, 2018.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On October 28, 2016, the Plaintiff entered into a contract with the Defendants on December 30, 2016, under which the construction work, such as the title of the building, the board, and the miscellaneous steel located in Daejeon Seo-gu D (hereinafter “instant construction work”) is set at KRW 120 million during the construction period and the construction cost is set at KRW 100 million (hereinafter “instant construction contract”).
B. On February 17, 2017, the Defendants prepared a written confirmation that “The Defendants shall complete the construction work up to March 30, 2017, and the additional construction work shall be completed within 15 days after the completion, and in the event of voluntary delay and suspension of construction for at least five days, not only all civil and criminal rights shall be waived, but also damages shall be paid at 1/100 per day to the Plaintiff.”
C. By May 5, 2017, the Plaintiff paid a total of KRW 12 million as construction cost, and the Defendants failed to complete the instant construction work by March 30, 2017.
The Defendants suspended the instant construction work on June 2, 2017, and the instant construction contract was implicitly agreed on on June 2017.
E. At the time of the discontinuance of the instant construction project, appraiser E calculated the base rate of the construction cost on the basis of the construction cost, taking into account the claims of the original Defendant, and the result is as follows.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, result of appraiser E’s appraisal, purport of whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion that the Defendants asserted against the Plaintiff: ① KRW 9,630,00 of the construction cost already paid by the Plaintiff to the Defendants, KRW 2,370,00,00 of unjust enrichment calculated by deducting the construction cost of KRW 12 million from the construction cost of KRW 99,630,00 (the average amount of the base height considering the Plaintiff’s claim); ② KRW 54,60,000 of the damages under the instant confirmation [109,200,000 for damages from April 1, 2017 to June 30, 2017 when the instant construction contract was terminated” (i.e., KRW 120,000 x 91/100).