손해배상(기)
1. The defendant shall pay 72,931,700 won to each of the plaintiffs and 12% per annum from April 23, 2019 to the day of complete payment.
Facts of recognition
On November 2016, the Plaintiffs entered into a contract with the Defendant for the construction of a new urban housing complex in Jung-gu Seoul Special Metropolitan City (hereinafter “instant contract”) with the Defendant, Jung-gu, Seoul Special Metropolitan City (hereinafter “instant construction”) on the following terms, and the Defendant had the Defendant take charge of all the tasks of completion, expansion and extension, and authorization and permission from the design:
(1) Construction period: From February 15, 2017 to September 30, 2017 (Completion of Construction Works) (2) When completion of construction works under Article 4 (Construction Works) of the terms and conditions of the contract is completed, the construction cost shall be adjusted by applying the construction cost of KRW 540,000,000 to the construction cost.
Article 6 (Payment of Construction Costs) The Plaintiffs shall pay the contract construction cost under Article 4 to the Defendant under the following conditions:
1. A contract deposit equivalent to 18.5% of the contract construction cost shall be paid to the defendant twice simultaneously with a contract;
(100,000,000). 2. Payment of the intermediate payment amounting to 37.04% of the contract construction cost to the defendant once a month;
(200,000,000) 3. The remaining balance of the construction works shall be 44.46% preferentially paid within one month after completion.
(240,000,000). The defendant started the construction of alley around February 16, 2017 and completed it in July 2017.
The Plaintiffs paid KRW 170,00,000, total of KRW 50,000,000 on February 8, 2017, and KRW 50,000,00 on February 17, 2017, and KRW 40,000 on April 5, 2017, and KRW 20,000 on May 8, 2017, and KRW 13,5,000,000 on October 13, 2017, and KRW 5,00,000 on October 16, 2017, respectively.
The Plaintiffs pointed out that the construction is discontinued from September 6, 2017 to July 13, 2017, and from September 6, 2017 to the Defendant, and that the construction is discontinued, the Plaintiffs notified the Defendant of the rescission of the instant contract on September 14, 2017.
On September 15, 2017, the Defendant responded to the purport that construction was interrupted because the Plaintiffs did not pay progress payment to the Plaintiffs.
After consultation between the plaintiffs and the defendant, the defendant agreed on October 20, 2017 that the materials cost and wages should be paid directly by the plaintiffs at the request of the plaintiffs.