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1. Defendant C’s KRW 209,312,829 against Plaintiff A and 5% per annum from April 1, 2015 to June 28, 2016, respectively.
Reasons
1. Facts of recognition;
A. The Plaintiff A decided to newly build a training institute on the land of Gangwon-do Iron-gun F Co., Ltd. (hereinafter “instant land”) as the representative director of the E Co., Ltd. established the leisure and training institute business for its business purpose, and ordered the construction of each building listed in the separate sheet (hereinafter “instant building”).
After that, as the Plaintiff A was unable to pay the construction cost, the instant construction was suspended, Defendant C, the constructor, followed.
B. Around June 2009, Defendant C entered into a contract for construction works of the instant building with H, the husband of the Plaintiff and the instant land owner G, and determined the construction cost as KRW 2,427,03,693 [2,00,000,000,000, which is KRW 259,752,856, 832,703,982 (=27,567,994 x 3 x 3 x 277,567,994 x 3 x 120,000,000 won for additional construction works of KRW 137,63,721].
After that, while the plaintiff A and the defendant C decided to construct only the first two floors of the operation building, they reduced the construction cost by 330 million won, and the total construction cost was reduced by 2 billion won.
C. On the other hand, in the case of operation among the instant building, the construction license is required, and the construction of the instant building could not be carried out without the above license. The Plaintiff agreed to the construction of the new construction of the instant building to be built up to the second floor, and the construction cost was determined to be KRW 850 million, and the Defendant C was subcontracted to KRW 800 million from the type of a documentary paper.
The new construction of the instant building was completed on March 2010, but multi-Dong had not been newly constructed among the buildings originally agreed, and on June 11, 2010, registration of ownership preservation was completed in the Plaintiff A’s name.
E. The Mail case is the plaintiff A.