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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 8,053,300 and its amount from September 12, 2014.
Reasons
1. Basic facts
A. On January 22, 2014, the Defendants contracted the Plaintiff with the construction cost of KRW 340 million in the construction cost of the four-story housing and the construction cost of the second class neighborhood living facilities located in Ulsan-gu, Ulsan-gu, and the second class neighborhood living facilities.
(hereinafter referred to as the “instant construction,” and the said new building is referred to as the “instant building”). B.
Of the instant construction contract, the contents related to the instant case are as follows.
The construction period: The payment of the construction cost on February 10, 2014, and June 30, 2014, - the payment of the construction cost of KRW 20 million on the first payment contract - the second payment by January 28, 2014 - the payment of KRW 30 million on the second payment by January 28, 2014 (within 10 days after the completion of the construction) 290 million: The payment for delay shall be calculated retroactively on the 1.5 copies of the month in which the remainder is unpaid after the completion of 1/100 per day.
C. The Plaintiff decided to perform additional construction works worth KRW 30,200,000 due to the increase in the area of the instant building due to the increase in the parking lot, etc., and prepared a written confirmation on the details of the additional construction works and received signatures and seals from Defendant B’s mother and Defendant C’s mother.
The Plaintiff began with the instant construction and completed the horse construction around August 2014, and obtained approval for the use of the instant building on September 1, 2014.
E. Until May 2015, the Defendants paid to the Plaintiff the remainder of KRW 370,200,000 (i.e., KRW 340,000,000) less KRW 8053,300,000,000. The Defendants agreed on May 20, 2015 to pay the remainder of KRW 8,053,300 to the Plaintiff by June 30, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the principal claim, the Defendants agreed to increase the construction cost of KRW 30,220,000 with respect to the additional construction works by the Plaintiff and the Defendants agreed to pay the Plaintiff the unpaid construction cost of KRW 8,053,300 until May 20, 2015.
Therefore, the Defendants are jointly and severally liable to the Plaintiff for KRW 8,053,300.