beta
Text
1. The Defendant’s KRW 32,740,950 for the Plaintiff and 5% per annum from February 7, 2018 to May 14, 2018.
Reasons
1. Basic facts
A. On November 26, 2015, the Plaintiff (owner) entered into a contract with Defendant (contractor) to pay the construction cost of KRW 362,900,00 for the three-story Housing Construction Works in Jeju, from December 1, 2015 to April 1, 2016; the method of payment for the construction cost of KRW 20% (72,580,000) for the contract; 30% (108,870,000) at the time of completion of basic construction; 20% at the time of completion of foundation construction; 20% (72,580,000), at the time of completion of foundation construction; and 36,290% (36,290,000) for each construction contract (hereinafter “instant contract”).
B. On August 30, 2016, while the construction was not completed within the construction period due to a cause attributable to the Defendant, the Plaintiff and the Defendant drafted a letter of undertaking with the following contents.
This undertaking aims to undertake the payment of construction cost and the implementation of responsibility in order to resolve the prompt completion of newly-built houses whose construction work has been delayed and has been completed due to the reasons attributable to the project.
o The remaining process after August 9, 2016 shall be liable until the completion of construction by the owner of the project directly bears the expenses, but no balance of 10% (36,290,000 won) shall be paid by the owner of the project under the contract.
o Of the unpaid amount of 43,843,00 won not paid by the contractor as of August 9, 2016 to the subcontractor, 33,843,000 won remaining after deducting KRW 10,000,000, which shall be borne by the owner, in consideration of the increase in the price of construction materials and the increase in personnel expenses, shall be paid by the contractor in installments as follows, and the owner shall settle the unpaid amount while performing the remaining construction works:
1) 10,000,000 - 2 until August 31, 2016) 10,000,000 - 313,843,000 until September 13, 2016; under the condition that the contractor performs the obligation to pay the o by October 31, 2016, the Si Corporation may no longer proceed with the Do-built house construction, and the Do-built house construction shall not be subject to any subsequent civil or criminal objection among them.
o. The obligation to pay the above was not observed.