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The defendant shall pay 49,947,230 won to the plaintiff and 12% per annum from June 5, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. 1) On June 20, 2018, the Plaintiff concluded a remodeling construction contract and suspended construction works, etc.
2) The term “instant construction contract” refers to the term “instant construction contract” as the term “instant construction contract” (hereinafter referred to as “instant construction contract”) for the purpose of using the instant commercial building, which was originally used as a hybrid store.
(2) Upon entering into the contract, the Plaintiff paid the Defendant KRW 90,000,000, total construction cost of KRW 185,500,000, and construction cost of KRW 185,50,000, respectively, from June 30, 2018 to December 26, 2018.
3) However, the Defendant continuously demanded construction expenses to the Plaintiff during the remodeling construction of the instant commercial building, which had been completed only nine rooms and a kitchen facility construction, and the Defendant refused to do so on or around February 2019, the Plaintiff suspended construction and concealed the location of the building. Accordingly, from February 2019 to July 2019, the Plaintiff directly performed construction works on the portion that the Defendant did not construct, as described in the attached Table of payment of the completed construction expenses, and disbursed KRW 20,657,600 at its expense. (B) The Plaintiff believed that the remodeling construction of the instant commercial building would be completed at the end of August 2018 pursuant to the instant construction contract, and concluded a lease contract with respect to E and the instant commercial building from July 2018 to July 1, 200, the lease deposit was set as KRW 30,000,000, KRW 150,000, KRW 500, May 19, 2015 (hereinafter “the lease term”).
2) However, due to the following circumstances: (a) the Plaintiff was unable to deliver the instant commercial building to E by June 15, 2019 due to the Plaintiff’s delay in construction work under the instant construction contract; and (b) was not paid the difference during that period. (c) The Defendant’s embezzlement of construction price 1) on August 31, 2018.