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1. The Defendant shall pay to the Plaintiff KRW 43,50,000 and interest rate of KRW 15% per annum from April 9, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On March 2014, the Plaintiff and the Defendant concluded the instant construction contract with respect to the construction of a new hotel in Seo-gu, Seo-gu, Seocheon-gu, Incheon (hereinafter “instant construction contract”) (hereinafter “instant construction contract”).
(1) Contract amount: A contract amount: A contract amount of KRW 3 billion on March 1, 2014: The date of commencement of construction: The date of completion on March 31, 2015: In principle, it shall be executed in accordance with the design drawings and specifications. ① A project owner may cancel or terminate all or part of the contract in any of the following cases. (1) The Plaintiff paid KRW 100 million to the Defendant on April 1, 2014, as the contract amount:
B. The Defendant notified the rescission of the instant construction contract did not commence construction works after March 31, 2014, which was the date of commencement stipulated in the instant construction contract. On May 27, 2014, the Plaintiff notified the Defendant that the instant construction contract was cancelled pursuant to Article 22(1)1 of the instant construction contract, as the Defendant did not start despite the Plaintiff’s demand.
C. On June 13, 2014, the Plaintiff filed a criminal complaint against the Defendant against the Defendant on the charge that he/she by deceiving the Plaintiff without construction funds or ability and concluded the instant construction contract. On November 3, 2014, the Plaintiff filed a criminal complaint against D, the representative director of the Defendant, and six additional persons, E, etc., who were in charge of the instant construction contract as business directors of D and the Defendant. (2) On March 9, 2015, the Defendant returned KRW 56.5 million out of the construction contract amount already paid to the Plaintiff. On the same day, the Plaintiff’s husband F and E drafted a notarial deed to return KRW 100 million to F by April 30, 2015.
(hereinafter “this case’s notarial deed”). 3) The Plaintiff is as D, E, etc. on March 9, 2015.