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1. The Plaintiff:
A. The Defendants are jointly and severally liable for 326,00 won and its related amount from March 25, 2016 to October 17, 2017.
Reasons
1. Basic facts
A. On August 14, 2013, the Plaintiff entered into a construction contract for the instant construction project with the Defendants on the following terms: (a) the Plaintiff entered into a construction contract with the Defendants for the construction of the three-story reinforced concrete structure, detached houses, and one unit of warehouse (hereinafter “instant building”) on the ground D of Gangwon-gun (hereinafter “instant construction contract”).
Construction Period: on August 20, 2013 on the date of commencement, and on June 30, 2014 on the date of completion: 306,00,000 won (additional tax separately) construction cost payment method - down payment of KRW 30,000 at the time of contract - 50,000,000 at the time of conclusion - 20,000,000 at the time of completion of a steel structure and warehouse - The remaining construction cost (176,00,000 won) - The remainder of the construction cost (including the first floor housing) payment of KRW 30,00,000 according to the construction progress limit - the remainder of the construction cost (including the liquidated damages for delay) payment of KRW 30,00,000 after completion. 1/100
B. On March 25, 2014, the Defendants drafted the Defendants’ performance memorandum, prepared and sent to the Plaintiff a “construction performance memorandum” (see evidence 3 of this case; hereinafter “instant performance memorandum”) with the following content as follows.
Although the owner of a project or Si/Gun/Gu has decided to complete the construction by June 30 under this Agreement, the promise is not implemented despite the promise to complete the construction cost of KRW 60 million in advance on March 31 of the week. In the future, if the construction is not implemented in the future, it will proceed voluntarily as the owner of a project and there may be changes in the internal design based on the design drawing. In addition, since the owner is the owner of a project who currently engages in the business, he/she does not raise an objection even if he/she claims damages including the amount of construction days from the beginning date of the construction to the completion date of all schedule.
Provided, That when all the construction works are completed within the period of the commitment, all the above provisions shall be null and void and continue.