지체상금 및 손해배상
1. The Defendants shall jointly and severally pay to the Plaintiffs KRW 40,233,90 as well as the interest rate from September 20, 2017 to the day of full payment.
1. Facts of recognition;
A. On September 23, 2016, the Plaintiffs were the owners of houses E located in Gwanak-gu in Seoul Special Metropolitan City. On September 23, 2016, the Defendants contracted to the Defendants with the period of construction for remodeling construction of the land floor, the first floor, and the second floor (hereinafter “instant construction”) from September 26, 2016 to October 31, 2016; the contract amount of construction is KRW 5,000,000; the intermediate payment is KRW 17,500,000; the remainder of KRW 20,000,000,000.
B. From September 23, 2016 to October 18, 2016, the Plaintiffs paid KRW 22,200,000 as the construction price to the Defendants.
C. Defendant D assumes responsibility to the Plaintiffs on October 25, 2016, as regards which the schedule of the instant construction works is continuously deferred, and we undertake to complete the construction works by November 8.
2.I have to remove odors at the second floor fire site and to undertake the following process:
3. 10,000,000 won, which is the remainder of the total construction cost, shall be paid by the Plaintiffs who are the ordering person after the occupancy that the construction is completed and there is no problem of occupancy.
4. In the event of failure to comply with the above, Defendant D promises the Plaintiffs to pay 1% of the total construction cost as penalty for each one day from November 10 to October 1.
The letter of undertaking was drawn up and issued. D.
Upon the request of the Defendants, the Plaintiffs paid KRW 21,30,000 in total as the construction cost on October 29, 2016 and November 5, 2016.
E. However, the Defendants failed to complete the instant construction work by the agreed deadline, and the Plaintiffs terminated the instant construction contract on December 6, 2016 due to the Defendants’ failure to perform the instant construction work any longer.
F. The Plaintiffs ordered F to perform the instant construction work. From January 5, 2017 to May 30, 2017, the Plaintiffs paid KRW 17,553,900 as the construction price to the said company.
[Grounds for Recognition: The entries in the evidence of subparagraphs 1 through 14, and the purport of the whole pleadings]
2. According to the above facts of recognition, the plaintiffs are the defendants of this case.