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1. The Defendants: (a) each of the Plaintiff KRW 50,104,240; and (b) Defendant double-Ri General Construction Co., Ltd. on July 9, 2015.
Reasons
1. Basic facts
A. On June 2, 2014, the Plaintiff entered into a contract with Defendant B for the construction of a new neighborhood living facility C (hereinafter referred to as “instant building”) located in Bocheon-si, and the construction of the new building (hereinafter referred to as “instant construction”). The main contents are as follows.
Standard contract for private construction works
3. Date of commencement: June 5, 2014.
4. Scheduled date of completion: November 30, 2014.
5. Contract amount: 430 million won (including value-added tax).
6. Contract bond amount: 39.6 million won;
B. After the above contract, Defendant B demanded the Plaintiff to enter into a contract with the Defendant Company to jointly execute the instant construction project with Defendant Two-ri Comprehensive Construction Company (hereinafter “Defendant Company”).
Accordingly, on June 6, 2014, the Plaintiff entered into a contract for the instant construction project with the Defendant Company as follows:
(However, the construction cost is less than the actual cost, and each contract between the Plaintiff and the Defendants is added to the “instant contract”). A standard contract for construction works
4. Period: June 10, 2014 from the commencement, and November 31, 2014.
5. Contract amount: 390 million won - Supply amount: 360 million won: Value-added tax - Value-added tax: 10,000 won; 10,000 won: 1/1,000; 2%;
C. Upon the delay of the instant construction, the Plaintiff and the Defendants agreed to extend the instant construction period to April 30, 2015, which was concluded on March 30, 2015. Accordingly, the Defendants issued to the Plaintiff a written confirmation to the effect that “The instant construction is to be completed by April 30, 2015, and the Defendants promised to assume responsibility for pecuniary and mental damage if the completion of construction is not due to the delay in re-construction within the period.”
The Defendants failed to complete the instant construction by April 30, 2015. Accordingly, the Plaintiff “instant construction” against Defendant B on May 28, 2015.