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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 100,861,800 won and the period from October 23, 2013 to December 17, 2015.
Reasons
1. Presumed factual basis
A. On June 27, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendants for the construction of the three-story neighborhood living facilities and detached houses (hereinafter “instant building”) on a parcel of non-party D (hereinafter “instant construction”) at a contract price of KRW 861,840,00 (excluding value-added tax) on the said land (hereinafter “instant construction contract”).
B. On July 3, 2012, the Plaintiff commenced the instant construction, and obtained approval for the use of the instant building on January 24, 2013.
C. On July 2013, the Plaintiff settled the instant construction cost with the Defendants as KRW 861,840,00,000, the construction cost of which was already paid by the Defendants in the amount of KRW 590,000,00,000, and KRW 97,384,747, and the amount of KRW 174,450,000 (= KRW 861,840,000- KRW 590,000,000 - KRW 97,384,7477).
(hereinafter referred to as “instant settlement agreement”). [The grounds for recognition] The fact that there is no dispute, Gap 1, 3, 4, and 5 (including virtual numbers), the purport of the entire pleadings
2. The assertion and judgment
A. The summary of the parties’ assertion 1) The Plaintiff Defendants agreed to pay the Plaintiff the remainder of construction cost of KRW 174,450,000 under the instant settlement agreement (i.e., KRW 861,840,000 - KRW 590,000) by October 22, 2013. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 174,450,00 and the delay damages therefor. (ii) The Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 107,98,00 for the repair of the non-construction portion of the instant building and the occurrence of various defects. Accordingly, the Plaintiff is liable to pay the Defendants the said amount of KRW 107,988,00 as compensation in lieu of the repair of defects, etc..