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1. The Defendants jointly and severally agreed with the Plaintiff KRW 26,125,912 as well as 6% per annum from August 18, 2015 to August 24, 2017.
Reasons
1. Facts of recognition;
A. On March 20, 2014, the Plaintiff and Defendant C entered into a contract for construction works with the contract amount of KRW 3.3 billion (the changed contract to KRW 3.8 billion on November 25, 2014) and the construction period from March 24, 2014 to August 23, 2014, with respect to the new construction of a logistics warehouse D with an order issued by the Plaintiff on March 20, 2014, and Defendant C Co., Ltd carried out the said new construction works.
B. On January 2, 2015, the Plaintiff and the Defendants (Defendant B is an employee of Defendant C) concluded a construction contract with an additional contract amount of KRW 88,000,000 with respect to the construction work of an office in the said logistics warehouse (such as an office separate from the above logistics warehouse construction work). The Plaintiff paid the Defendants KRW 77,00,000,000 in total, as advance payment for the said office construction work, etc.
C. However, the Defendants suspended the progress of construction without completing the above office work, and the construction cost of the above office part partially completed by the Defendants is KRW 50,874,088 (i.e., the construction cost of KRW 37,964,492 as to the part of the construction claimed by the Plaintiff (i.e., toilet typium construction, stairs stone construction, reinforced glass and construction cost of KRW 12,909,596).
[Ground] Without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 5-1, 2, Eul evidence Nos. 1, 2, 1, and 2, the appraisal result of appraiser E, and the purport of the entire pleadings, the defendants are jointly and severally liable to pay to the plaintiff 26,125,912 as the return of construction price (i.e., an advance payment of office work 7,00,000 - construction cost of an office completed 50,874,088) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 18, 2015 to August 24, 2017, which is the day following the delivery date of the complaint of this case, until the day after the completion date.
2. Defendant B.