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1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly and severally notify the Plaintiff (Counterclaim Defendant) of KRW 45,311,748 and its amount on January 8, 2019.
Reasons
1. Facts of recognition;
A. On April 24, 2017, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with Defendant B by setting the construction cost of KRW 315,000,000 as construction cost, April 26, 2017, the date of commencement of construction, August 30, 2017, and the rate of delayed delay penalty as KRW 0.1% of the contract amount per day (hereinafter “instant construction contract”).
According to the instant construction contract, the Plaintiff, the owner of the building, paid the construction cost in five installments, and paid 10,800,800,000 won of the total price, which is 3.2% of the total price, and 100,800,000 won, which is 32% of the total amount after the completion of the structural construction (refinite concrete), 103,950,000 won, which is 33% of the total amount after the completion of the structural construction (refinite concrete), and 78,750,000 won, which is 25% of the total amount after the completion of the completion inspection, and the completion inspection, within 30 days, respectively.
B. On August 9, 2017, the Plaintiff and Defendant B entered into an additional contract to the effect that the construction amount of the instant construction contract increases to KRW 55,00,000 and the date of completion is extended to October 10, 2017 (hereinafter “instant additional contract”).
Defendant C, the spouse of Defendant B, guaranteed the Plaintiff’s obligation under the instant additional contract.
C. During the period from April 27, 2017 to August 16, 2017, the Plaintiff spent KRW 158,569,980 in total by either paying the construction cost to Defendant B in accordance with the instant construction contract and the instant additional contract or paying the construction cost directly.
The instant construction project is discontinued from August 20, 2017, and the present construction contract and additional contract are now terminated.
E. According to the appraiser’s appraisal result, as of October 2017, the time when Defendant B suspended the instant construction, soil and designated construction was completed, and reinforced concrete construction was completed.