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1. The Defendant’s KRW 40,980,710 against the Plaintiffs and 6% per annum from December 4, 2014 to December 15, 2017.
Reasons
1. Basic facts
A. On November 16, 2011, the Plaintiffs entered into a contract for construction works with the Defendant, setting the construction period from November 17, 2011 to July 31, 2012, with respect to the new construction works of each of the instant buildings as follows (hereinafter “instant construction works”); the total construction amount of KRW 2.257 billion (Plaintiff A, B 1.226 billion, Plaintiff C, and D 1.6 billion), and the rate of penalty for delay at 0.1% per day.
(2) The construction contract of this case is based on the following facts: (a) The construction contract of this case was written to the Defendant with respect to the construction of an urban-type residential housing unit A, “G” on the ground of the land of 131 square meters and 230 square meters (current king E, E, 361 square meters; hereinafter “instant land”); and (b) the Plaintiff C and D jointly owned by the aforementioned Plaintiffs with respect to the construction of a new urban-type residential housing unit A, “G” on the ground of 158 square meters and 170 square meters and 158 square meters and 170 square meters and 170 square meters, respectively, on the ground of the above urban-type residential housing unit B (hereinafter “H land of this case”).
B. Each of the instant buildings was completed on the second and fourth underground floors, and completed the completion inspection on January 16, 2013.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3 through 9 (if there are serial numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Defendant filed a claim for liquidated damages. Although the construction of each of the instant buildings should be completed by July 31, 2012 pursuant to the instant construction contract, the Defendant had to undergo a completion inspection on each of the instant buildings on January 16, 2013 due to the delay in construction. Therefore, the Defendant is obliged to pay damages for delay calculated at the rate of 0.1% per day according to the instant construction contract to the Plaintiffs (=25,700,000 x 0.1% x 169 days) and damages for delay due to defects. (ii)