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1. The Defendant: KRW 56,782,00 on Thai-si Co., Ltd. and KRW 55,506,000 on Plaintiff SP Co., Ltd. and each of the above.
Reasons
1. Basic facts
A. On January 7, 2014, Plaintiff Thai was awarded a contract with the Defendant for the construction work of the new construction work of Ansung-si-si 244-11, Sungsung-si 332-21, Sungsung-si 332-21 (hereinafter “instant building”) for the construction work cost of KRW 979,00,000 (including value-added tax) and for the construction period from January 7, 2014 to July 31, 2014, and Plaintiff Es. concluded a contract with the Defendant for the construction work of the new construction work of Ansung-si 54-14 above ground Es. (hereinafter “instant building 2”) with the construction cost of KRW 957,00,000 (including value-added tax) and from January 7, 2014 to July 31, 2014.
(2) At the time of the instant contract, the Plaintiffs and the Defendant agreed on the rate of liquidated damages for delay, which is set at 1/1,000 of the construction amount, to the effect that the instant building was combined with the instant building Nos. 1 and 2, the new construction of the instant building, the instant construction, and each contract for the instant construction (hereinafter “instant contract”).
B. At the time of the instant contract, the Plaintiffs and the Defendant agreed to pay the construction price to the Defendant with the amount loaned by the bank, and as a result, only 80% of the actual construction price could be loaned, the Plaintiffs agreed to have the amount increased than the originally agreed construction price and the amount overpaid from the bank applied for the loan to the bank as the construction price.
C. Accordingly, the Plaintiff Thai-day paid KRW 1,517,432,00 in total to the Defendant from January 9, 2014 to August 11, 2014 (i.e., bank loans of KRW 1,066,40,000, directly paid KRW 451,330,318,000 to Plaintiff Thai-day); and Plaintiff E-days paid KRW 1,330,318,00 to the Defendant (i.e., bank loans of KRW 896,40,000 to KRW 433,918,000 directly paid; the Defendant paid KRW 1,50,000 to the Plaintiffs pursuant to the agreement described in paragraph (b).