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1. Defendant B’s KRW 38,00,000 and annual interest rate of KRW 15% for the Plaintiff from April 11, 2018 to the date of Down payment.
Reasons
1. Determination as to the claim against the defendant B
A. On May 20, 2015, the Plaintiff entered into a contract with Defendant B and D Co., Ltd. (hereinafter “D”) under which the E neighborhood living facilities and the Housing Construction Corporation (hereinafter “instant construction”) were awarded a contract (hereinafter “instant contract”).
On January 29, 2016, the unpaid construction cost was KRW 94,764,440, and there was a portion of non-construction work, such as Changho Construction, which is equivalent to KRW 33,00,000, but the Plaintiff paid KRW 100,000,000 to Defendant B that it will complete the construction work by February 2, 2016.
However, Defendant B did not complete the above non-execution work.
Defendant B is obligated to refund the construction cost of KRW 5,235,560 ( KRW 100,000 - KRW 94,764,440) paid in excess to the Plaintiff, KRW 5 million, and KRW 33,000,000,000 for the portion of the non-construction work.
(b) Article 208(3)3 of the Civil Procedure Act:
2. Determination as to the claim against Defendant C
A. The Plaintiff asserted that the Plaintiff entered into the instant contract with Defendant B and D on May 20, 2015, and the Defendant C Co., Ltd (hereinafter “Defendant C”) acquired the status of the said contract from D and actually engaged in construction.
On January 29, 2016, the Plaintiff paid KRW 94,764,440 for the unpaid construction cost, and paid KRW 100 million under the status of the non-construction work, such as Changho Construction Work, which is equivalent to KRW 33 million.
Defendant C is obligated to refund the construction cost of KRW 5,235,560 ( KRW 100,000 - KRW 94,764,440) paid in excess to the Plaintiff, KRW 5 million, and KRW 33,000,000,000 for the portion of the non-construction work.
B. Comprehensively taking account of the respective descriptions of evidence Nos. 3, 6, and 12 and the overall purport of the pleadings, a standard contract form for private construction works (Evidence No. 3 of A) was prepared as of June 26, 2014 for the construction cost of the Plaintiff, the contractor, the E neighborhood living facilities and new housing construction works in Seosan, the contractor, the Defendant C, as of June 26, 2014, and the Plaintiff’s foregoing around June 26, 2015.