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1. The Defendants are to the Plaintiff:
A. The collection of pipes and steel structures on the land of 2,889 square meters in Sacheon-si, Sacheon-si.
Reasons
According to the overall purport of Gap evidence Nos. 1 through 6, Eul evidence Nos. 2 and 3 (including each number), and the entire purport of the pleadings, the plaintiff is between the defendants and the defendants on March 15, 2015.
4. By 20.20, the Plaintiff, the Plaintiff owned, performed the construction of plastic houses on the ground of 2,889 square meters (hereinafter “instant land”), and concluded a construction contract for the construction to receive KRW 164 million from the Plaintiff (hereinafter “instant construction contract”). At the time of the instant construction contract, the Plaintiff paid KRW 51 million to the Defendants at the time of the instant construction contract, and the intermediate payment was paid KRW 30 million to the Defendants at the time of completion of the steel framed construction, and the remainder amount of KRW 84 million was paid after completion of the construction. The Defendants installed pipes and steel structures on the instant land for the instant construction, but the Defendants failed to complete the construction within the agreed period ( April 20, 2015). The Plaintiff acknowledged the content of the instant construction contract.
Therefore, inasmuch as the instant construction contract was rescinded due to the reasons attributable to the Defendants, the Defendants are obligated to pay to the Plaintiff for restitution following cancellation the amount of KRW 51 million, and the amount of damages for delay calculated at the rate of 20% per annum from June 2, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the instant complaint, and 15% per annum from the next day to the day of full payment (each interest rate is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The Defendants are obligated to collect pipes and steel structures on the ground of the instant land and deliver the instant land.
As to this, the Defendants did not provide the Trackter support even though the Plaintiff promised to provide the Track support and reduced the contract amount at the time of the instant construction contract, due to the weather deterioration in April 2015 and the characteristics of the soil of this case.