공사대금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 46,970,000 and the interest rate thereon from November 26, 2015 to the date of full payment.
1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, 3, 8; (c) evidence No. 6-1 to 7; and (d) witness evidence No. D’s testimony.
The Defendants, as married couple, operate the “E” business.
B. On April 12, 2013, the Plaintiff entered into a contract with the Defendants to remodel a commercial building located in Ansan City F (hereinafter “instant building”) owned by the Plaintiff from April 12, 2013 to June 12, 2013. On the same day, the Plaintiff paid the Defendants the down payment of KRW 4 million. The Plaintiff and the Defendants agreed to perform all remodeling works except for the outside construction of the instant building, and accordingly, the construction price was increased by KRW 80 million, and the construction period was extended by up to April 12, 2013 to June 12, 2013. < Amended by Act No. 11879, Apr. 12, 2013; Act No. 11883, Apr. 12, 2013; Act No. 11883, Jun. 12, 2013>
(hereinafter “instant construction contract”). C.
The Plaintiff paid the Defendants KRW 40 million on April 18, 2013, and KRW 16 million on April 26, 2013.
The defendants did not perform remodeling works except for those which removed rooftop-style houses and floors, cut the rooftop floor for the installation of stairs, and work for the second floor.
E. On June 14, 2013, the Defendants prepared and delivered a written settlement of contract cancellation (hereinafter “instant settlement statement”) to the Plaintiff, and suspended construction. The instant settlement statement states that “Influent progress of construction due to frequent occurrence of removal work due to frequent design modification, etc., during the process of removal from the contract to June 14, 2013,” and states that “on-site execution amount is KRW 13,030,000.”
2. Determination
A. According to the above facts of determination as to the cause of the claim, until June 12, 2013, the Defendants agreed to complete the construction work.