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1. Defendant C’s KRW 73,347,200 as well as 5% per annum from January 25, 2019 to November 20, 2020, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the remodeling project for the second floor housing and commercial building located in Daegu-gu D (hereinafter “instant construction project”).
Defendant C is running artificial fishery in the name of “E” by registering a business operator under the name of Defendant B, the wife of which is Defendant C.
B. On June 2018, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant C with the content of “10,000,000 won” as “110,000 won for the construction period as to the instant construction work,” “33,00,000 won for the total construction period,” “4,00,000 won for the intermediate payment,” “44,000,000 won for the intermediate payment,” and “33,000,000 won for the remainder.”
C. As Defendant C delayed the instant construction, the Plaintiff entered into a contract with Defendant C on December 6, 2018 to extend the construction period to “the date of completion” on December 28, 2018.
On the same day, Defendant C drafted a construction performance note (hereinafter “instant construction performance note”) with the following content to the Plaintiff:
The construction of the instant construction contract, which was concluded, shall be settled and processed as a gold-day installment under the agreement between the owner of the building (Plaintiff) and the contractor (Defendant C), and the remaining construction works shall be executed as a gold-day contract for the remaining construction works from the date of completion.
B (Defendant C) shall perform construction in accordance with the schedule of construction and detailed type of construction attached to the contract and shall comply with the designated completion date.
In the event that the date of completion of the project is unable to be observed by the designated date of completion, the amount of the project shall be calculated (the calculation of the amount shall be calculated by the “a certified architect F”), and twice the calculated amount shall be paid to the “A” (the Plaintiff) within seven days from the date of completion of the project.
If the above matters are not complied with, B shall be subject to any legal action.
Defendant C failed to complete the instant construction work by December 28, 2018, which was the date of completion of the said extended construction work, and the instant construction work was suspended on or around December 29, 2018.
E. The Plaintiff’s instant case to Defendant C by December 31, 2018.