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1. The Defendants are jointly and severally liable for KRW 115,00,000 and the Defendant from August 21, 2014 to October 20, 2014.
Reasons
1. Facts of recognition;
A. On January 22, 2014, the Plaintiff entered into a construction contract with the Defendants, setting the Plaintiff’s remodeling construction cost of KRW 148,00,000 with respect to the Plaintiff’s remodeling construction work.
B. The Plaintiff paid the Defendants a total of KRW 115,00,000,000 with the construction cost of KRW 108,000,000 with the construction cost of KRW 7,000,000 in accordance with the above construction contract.
C. However, in a situation where construction has not been commenced, the Defendants suspended construction and discarded the construction, and the contact was interrupted.
Accordingly, the Plaintiff rescinded the above construction contract by serving a duplicate of the complaint of this case.
[Ground of recognition] Facts that there is no dispute between the Plaintiff and the Defendant B, entries in Gap evidence 1 through 6 (including branch numbers), and the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is jointly and severally liable to pay to the Plaintiff KRW 115,00,000 as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 21, 2014 to October 20, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. Determination as to the claim against Defendant C
A. Defendant C is jointly and severally liable to pay to the Plaintiff KRW 15,00,000 as well as damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from August 21, 2014 to March 13, 2015, which is the delivery date of a copy of the instant complaint, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;
4. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.