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1. The Defendants jointly share KRW 194,254,860 with respect to the Plaintiff and KRW 15% per annum from July 8, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On December 2013, the Plaintiff made an oral promise with Defendant C to enter into a construction contract for a building with the content of the standard contract, and then remitted the down payment of KRW 30 million to the head of Tong E designated by Defendant C on March 21, 2014.
B. As of April 25, 2014, Defendant C prepared and executed a construction contract (Evidence A) with the content that the total cost of construction as of April 25, 2014 was KRW 267,300,000 (excluding value-added tax) and that was determined by Defendant B Co., Ltd. (Evidence A) and the Corporation was proceeding from May 10, 2014.
C. Separate from the instant construction contract, the Plaintiff entered into a contract with Defendant C on the interior interior interior interior interior interior interior interior interior interior interior of the building (hereinafter “instant interior interior construction contract”). The instant interior construction contract, which was drafted by the Defendant C, intends to substitute for a construction contract a document with the details of construction and the construction cost of which are written in lieu of the construction contract (Evidence A 2), with a view to KRW 34.6 million in total, including KRW 1,90,000 in the first floor artificial park, KRW 6 million in the fence construction, KRW 36 million in the third floor artificial park, KRW 16.7 million in the third floor, and KRW 3,60,000 in the third floor artificial park construction cost.
The Plaintiff paid a total of KRW 282,004,020 to the Defendants as construction price according to the instant construction contract and the interior contract.
E. The Defendants decided to complete construction on July 15, 2014 after performing construction works for three months from April 15, 2014 under the instant construction contract and the interior construction contract. However, in fact, the Defendants commenced construction around May 10, 2014, and did not undertake construction more from July 2014 after completion of all the three-story structural construction works until the end of June 2014.