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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 314,376,397 and KRW 309,376,397, from June 1, 2016.
Reasons
1. Basic facts
A. On June 1, 2015, the Plaintiff entered into a contract with the Defendants to conclude a contract with the term “C Urban Residential Housing New Construction Corporation” at the contract price of KRW 1.377 billion and the construction period from June 1, 2015 to December 31, 2015.
(hereinafter “instant contract”). (b)
Since then, the total construction cost has increased to KRW 1,521,640,745 due to the occurrence of circumstances such as addition of construction details in the construction process, and the detailed details are as listed below.
Value added tax of 9,477,745, including the purchase tax of 70,00,000 value added tax of 70,075,000,000 value added tax of 1,370,000 and 39,05,000,000 of the non-fixed Contract (Initial Construction), x 5.00 x 3,650,000 storage (Additional Construction) x 8,800,800,000 dwelling household (Additional Construction) of 3,650,000 storage (Additional Construction) x 1,793,000,000 dwelling household (Additional Construction) x 1,100,000 project owners - 6 stories of pre-paid project owners -3,55,000 total 1,521,640,745
C. According to the instant contract and the agreement on additional construction, the Plaintiff newly built a multi-household house on the ground leveling to six stories above ground (hereinafter “instant building”) in Gangdong-gu Seoul Metropolitan Government, D, E, and F, and obtained approval for use on December 30, 2015.
The Plaintiff received total of KRW 1.2 billion from the Defendants until May 26, 2016 as the construction price under the instant contract.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 7, and 13, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. Plaintiff 1) The Defendants did not pay to the Plaintiff KRW 321,640,745 of the construction cost under the instant contract (i.e., KRW 1,521,640,745 - KRW 1,200,000). The Defendants filed a claim against the Plaintiff for KRW 311,342,919 of the amount calculated by deducting KRW 10,297,826 of the expenses incurred in repairing the defects arising from the instant building (except for the defect claimed by the Defendants, 311,342,919 of the 301,603 roof, 601, and 601).