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1. The Defendant shall pay to the Plaintiff KRW 42,00,000 and the interest rate of KRW 15% per annum from May 4, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On December 25, 2015, the Plaintiff entered into a contract with the Defendant on January 16, 2016, setting the construction cost of KRW 45,000,000 for the new construction of the instant building (hereinafter “instant building”) as the construction cost, and paid KRW 32,00,000,000 as part of the construction cost to the Defendant by January 25, 2015.
B. However, despite the Plaintiff’s demand, the Defendant failed to complete the instant construction work within the deadline for its completion, and even if there were damages due to the collapse of a building constructed due to defective construction works, the Defendant left it unattended, and the Plaintiff directly removed the instant construction site at cost of KRW 5,650,000.
C. Meanwhile, around November 17, 2015, the Plaintiff entered into an agency contract with a golf club, Co., Ltd. and paid down payment of KRW 9,970,000,00 in order to operate the car sales business, etc. on the instant building. However, on the wind that the Defendant was unable to complete the instant construction within the deadline for completion, the Plaintiff suffered losses from forfeiture KRW 5,00,000, out of the down payment to the golf club Tits.
The Plaintiff rescinded the instant construction contract by serving a duplicate of the instant complaint.
[Ground of Recognition] Facts without dispute, entries and videos of Gap's evidence 1 to 13 (including additional numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the construction contract of this case was lawfully rescinded on May 3, 2016, which is the delivery date of the complaint of this case, according to the Plaintiff’s declaration of intention of rescission on the ground of the Defendant’s nonperformance. Thus, the Defendant shall pay to the Plaintiff the construction cost of KRW 32,000,000 received from the Plaintiff due to restitution to the Plaintiff, and KRW 10,650,000 (=the removal cost of KRW 5,650,000, which was confiscated as KRW 5,000,000, and the down payment of KRW 42,000,000,000, which was claimed by the Plaintiff due to the construction contract of this case) from May 4, 2016 following the delivery date of the complaint of this case.