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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 45,170,000 for each of the Defendant (Counterclaim Plaintiff) and its amount from March 14, 2018 to August 14, 2018.
Reasons
1. Basic facts
A. On May 20, 2016, the Defendants concluded a construction contract with the Plaintiff on May 20, 2016, setting the construction cost of KRW 810,00,000 (excluding value-added tax), the construction period from May 30, 2016 to November 30, 2016, with respect to the construction work for the “E-Medical Care Center” on the ground of the Chungcheong Budget D (hereinafter “instant Medical Care Center”).
B. In addition, on November 8, 2016, the Defendants agreed with the Plaintiff to enter into a contract for modification of civil works, which installs retaining walls, etc. on the boundary of the instant medical center, and to pay KRW 38,000,000 as additional construction cost (excluding value-added tax). The Defendants agreed to pay KRW 15,00,000 as additional construction cost following the modification of painting materials (excluding value-added tax).
C. Since March 7, 2017, the Defendants completed registration of initial ownership on March 8, 2017 after obtaining approval for the use of the instant medical care center.
Meanwhile, between May 30, 2016 and December 5, 2016, the Defendants paid a total of KRW 719,80,000 as construction cost to the Plaintiff, and the Plaintiff claimed the remainder of construction around March 2017, the Defendants additionally paid KRW 167,770,00 (including facility expenses, construction design expenses, etc. directly paid by the Plaintiff) up to May 2, 2017.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 7 (including serial number) and the purport of whole pleadings
2. The parties' assertion
A. The Defendants are obligated to pay to the Plaintiff the total construction cost of KRW 949,30,00 (= KRW 891,000,000,000) which was not paid out of KRW 16,50,000,000, and damages for delay thereof.
B. The Plaintiff renounced the Plaintiff’s right to claim the remainder of the construction work. Rather, the Plaintiff is obligated to pay the Defendants KRW 73,500,000 in lieu of the defect repair, and KRW 78,570,000 in lieu of the defect repair, and the Plaintiff is obligated to pay the Defendants the amount of KRW 73,50,000 in penalty for delay. Therefore, the Plaintiff
3. Determination
A. The plaintiff.