Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 26,200,000 and the interest rate thereon from December 28, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity that aims to engage in the Rotterdam business, etc., and the Defendants jointly run the two-story 214 and 215 of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “D”).
B. Around February 2016, the Plaintiff entered into a construction contract with the Plaintiff at KRW 38,200,000 (hereinafter “instant construction contract”) with respect to the interior works of E and the restaurant of this case (hereinafter “instant construction works”). Around March 7, 2016, the Plaintiff commenced the instant construction work.
C. During the instant construction process, the Plaintiff agreed with the Defendants to perform the instant construction works and to perform lighting construction works in addition to the construction cost of KRW 5,000,000. On March 28, 2013, the Plaintiff completed the instant construction works, including the said additional construction works.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff construction cost of KRW 43,200,000 (=38,200,000,000) under the instant construction contract, including additional construction work, the remainder of construction cost of KRW 26,200,000,000, excluding the remainder of construction cost of KRW 17,000,000 that the Plaintiff had already received, and the damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the date of delivery of a copy of the complaint of this case sought by the Plaintiff after the due date, from December 28, 2016 to the date of full payment.
B. As to this, the Defendants agreed between the Plaintiff and the Plaintiff that KRW 15,00,000 of the construction price shall be F’s investment in the restaurant of this case, and the remaining amount shall be paid in installments when the restaurant of this case accrued. However, the payment of the construction price was completed by paying KRW 12,00,000 as the construction price did not incur any profit in the restaurant of this case.