beta
Text
1. Defendant D’s KRW 9,96,00 for the Plaintiff and KRW 5% per annum from May 16, 2017 to June 20, 2018.
Reasons
1. Facts of recognition;
A. On June 20, 2016, the Plaintiff entered into a contract (hereinafter “instant contract”) with Defendant D on the terms and conditions of giving the contract as follows:
【Standard Contract for Private Construction Works】
1. The name of the project: the project for the construction of the Han-myeon Housing Site in Yongsan-gun, Busan-gun (hereinafter referred to as the “instant construction”);
2. Place of construction: In case of the E-Myeon, Gyeongnam-gun, Gyeongnam-gun.
3. Period: From June 25, 2016 to October 31, 2016;
4. Contract amount: 84,000,000 won (excluding value-added tax).
5. Advance: 50,000,000 won (59.5%).
6. Timing and methods of payment of completed portion: 1) Subsequent to the completion of wood works (20%) 2) after the completion of wood works (20%) 3) after the completion of works (10%) 10.5% after the completion of works (10%)
9. The rate of liquidated damages for delay: 1/1,000.
B. On October 21, 2016, the Plaintiff and Defendant D extended the completion date of the instant construction to November 30, 2016.
(hereinafter referred to as “instant extension agreement”). C.
The Defendant failed to complete the instant construction work by November 30, 2016.
On March 24, 2017, the Plaintiff sent to Defendant D a content-certified mail containing the content that the instant contract will be terminated if the Plaintiff could not complete the instant construction by March 29, 2017.
E. On June 21, 2016, the Plaintiff paid Defendant D KRW 74,000,000 in total, including KRW 50,000,000,000 on January 2, 2017, and KRW 4,000,000 on January 25, 2017, and KRW 5,000,000 on February 14, 2017, and KRW 74,000,000 on February 23, 2017.
【Ground of recognition】 Evidence Nos. 1, 2, 3, Eul Nos. 11 and 12, the purport of the whole pleadings
2. Determination as to the claim against Defendant D
A. The Plaintiff’s assertion 1) The term of construction work of this case at the time of termination of the instant contract is about 75%, and the construction work that the Plaintiff is obligated to pay is KRW 63,00,000 (=84,000,000 x 75%). As the Plaintiff paid KRW 74,00,000 more than the actual term of work, Defendant D is obligated to return KRW 11,00,000 that was paid in excess of the actual term of work, and Defendant D is obligated to return KRW 11,00,000,000 that was paid in excess of the actual term of work. 2) The construction work of this case by November 30, 2016, the term of completion under the instant extension agreement.