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1. The Defendant’s KRW 56,152,942 as well as 5% per annum from October 29, 2016 to October 20, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On August 14, 2016, the Plaintiff concluded a construction contract under which the Defendant entered into a contract with the Defendant for the construction work with the term of 52,00,000,000 construction cost for the interior works of the instant apartment, and October 4, 2016, with the term of 52,00,000,000 and the construction period of the instant apartment (hereinafter “instant construction contract”).
B. As stipulated under the instant construction contract, the Plaintiff paid KRW 41,200,000 to the Defendant during the period from August 14, 2016 to September 9, 2016, but the Defendant did not properly proceed with interior works until the completion date of the instant construction contract.
C. Accordingly, the Plaintiff and the Defendant, around October 5, 2016, extended the construction period to October 16, 2017; however, if the construction period is not completed by such date, the instant construction contract was revoked and the Defendant concluded a modified contract with the Plaintiff, which mainly agrees to pay the Plaintiff an amount equivalent to 30% of the construction price as penalty within two days (hereinafter “instant modified contract”).
After the conclusion of the instant modified contract, the Plaintiff additionally paid KRW 7,00,000 for the construction cost on October 15, 2016 at the Defendant’s request.
E. However, until October 16, 2016, which is the date of the completion of the agreement, the Defendant merely constructed only a part of the removal works, etc. during the interior works of the instant apartment, and failed to complete the construction. On October 24, 2016, the Plaintiff notified the Defendant that the instant construction contract will be rescinded.
[Grounds for Recognition: Each entry of Evidence Nos. 2 through 10, and 14, and the purport of the whole pleadings]
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion was that the Defendant failed to complete the interior work within the agreed period, and on this ground, the instant construction contract was rescinded, and the Defendant returned to the Plaintiff the total amount of KRW 48,200,000,000, which was paid by the Plaintiff to its original state.