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1. The Defendants jointly and severally agreed to the Plaintiff KRW 95,48,00 and KRW 94,726,00 among them, and KRW 762,00 from November 30, 201, and KRW 762,00 from November 30, 201.
Reasons
1. Basic facts
A. On August 6, 2009, a corporation for the development of big soil-based industry (hereinafter “big soil-based development”) contracted two new construction works on the D and E ground in Gangnam-gu Seoul Metropolitan Government, 12 households (hereinafter “instant building” and “instant construction works”) with the construction cost fixed from August 11, 2009 to February 11, 201. The Plaintiff received a subcontract for the entire construction work from the main development company for the main development on August 14, 2009 by setting the construction cost in a lump sum from August 820,000, construction period from August 20, 2009 to January 31, 201, 2010.
(hereinafter “instant subcontract”). (b)
The Plaintiff, among the instant construction works, directly executes only reinforced concrete construction works, and intends to perform construction works by sub-subcontracting them to other companies. On August 20, 2009, the Plaintiff prepared a subcontract to the effect that it will accept a subcontract for reinforced concrete construction works in KRW 276,100,000 among the instant construction works and the instant construction works, and entered into a sub-subcontract with other companies in the name of the Plaintiff for the remaining parts.
C. The construction contract of this case between the Defendants and the Plaintiff on August 6, 2009 (Evidence B No. 1) is a special stipulation that "the construction part until the discontinuance of the construction work of this case for not less than one month is appraised and paid 80% of the appraiser's 80% of the appraisal price" (hereinafter "the instant contract No. 1"), and Article 2 (6) of the subcontract performance agreement of this case (Evidence B) between the Plaintiff on August 14, 2009 between the Bigto Development and the Plaintiff on August 14, 2009, "if the construction of this case is delayed or suspended for not less than 20 days, the construction cost shall be calculated as 90% of the appraisal price for 80% of the construction cost until the discontinuance of the construction work (hereinafter "the instant contract No. 2 agreement") is written.
When the instant construction is somewhat delayed, the Defendants and the Bigtori Development were to extend the construction period on February 10, 2010 until March 31, 2010.