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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, KRW 10,248,117 and its delay damages are claimed.
Reasons
1. Basic facts
A. On April 15, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction of a newly built multi-household house on the ground of Gyeonggi-gu Group C (hereinafter “instant building”) (hereinafter “instant construction contract”) under which the construction cost was KRW 710,00,000, and the construction period was fixed from April 15, 2013 to October 15, 2014 (hereinafter “instant first construction contract”).
1. Time and method of payment for completed portion: The amount that the defendant has received from a bank as security in the construction site shall be paid as the full amount of the plaintiff's construction cost in accordance with the bank regulations, and only with bank loans of not more than five percent per annum and interest rate per annum after the completion of the construction work, shall be appropriated to the defendant's construction cost, and where rental deposits and sales proceeds accrue during the construction, the priority shall be appropriated
2. Interest on bank loans: The interest on loans accrued during the construction shall be borne by the plaintiff, the interest accrued after the completion of the construction shall be the monthly rent, and the interest on the shortage shall be borne by the defendant.
B. On February 21, 2014, the Plaintiff entered into a construction contract with the Defendant to modify the contents of the instant primary construction contract (hereinafter “instant secondary construction contract”) with 1/1,000 from April 15, 2013 to May 30, 2014, with respect to the instant construction contract, the construction price of KRW 690,00,000, and the construction period of the instant construction contract from April 15, 2013 to May 30, 2014. The instant construction contract contains special agreements as follows:
C. On March 18, 2015, the Defendant declared that the instant secondary construction contract will be terminated to the Plaintiff on or around March 18, 2015 due to disputes over the payment of the construction cost and the progress of the construction, and the Defendant drafted a new contract with D Co., Ltd. (hereinafter referred to as “Co., Ltd.”) to conclude a contract for the instant construction project.
Since then, D is the name after the change.