Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 18,248,00 and the period from June 28, 2014 to August 25, 2015.
Reasons
Basic Facts
The Plaintiff is the owner of the D Ground Commercial Building Housing (hereinafter referred to as “instant Housing”) in Silung-si, Silung-si.
Defendant C is the business owner of “E”, and Defendant B is the spouse of Defendant C who actually operates E.
On October 27, 2013, the Plaintiff concluded a contract with Defendant B with the term of November 30, 2013, setting the construction cost of KRW 40,000,000, and the construction period of November 30, 2013.
The Plaintiff paid the total of KRW 36,00,000 to Defendant B as the construction cost from October 28, 2013 to December 26, 2013.
As Defendant B was unable to complete the instant construction, the Plaintiff, on February 17, 2014, intended to lend KRW 16,000,000 to Defendant C (hereinafter “instant lending agreement”), drafted a notarial deed on a monetary loan agreement (hereinafter “instant lending agreement”), and Defendant B decided to complete the instant construction within one week thereafter.
On February 17, 2014, the Plaintiff paid KRW 4,000,000 to F, a subcontractor of the Defendants, and thereafter, paid KRW 8,768,00 among the above loans to the subcontractor of the Defendants until February 19, 201.
On February 17, 2014, the Plaintiff notified the Defendants that the instant construction contract will be rescinded if the Defendants did not complete the construction by February 25, 2014.
Defendant B did not complete the finishing construction and completed it at the site around that time.
[Ground of recognition] A. A. 1 through 3, 7, 1 evidence of E. 1 (including each number), and Defendant B’s acceptance of the instant construction contract at the site after the lapse of February 25, 2014, which was the deadline for the conclusion work for which the Plaintiff’s assertion of the purport of the entire pleadings was notified to the Defendants, and thus, Defendant B rescinded the instant construction contract around that time. There is no particular dispute between the parties.
Plaintiff’s assertion
The term of the instant construction project is about 75%.
Therefore, the construction cost to be paid by the Plaintiff is KRW 36 million, and the Plaintiff paid KRW 36 million, so the Defendants paid the exceeding KRW 6 million.