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1. The Defendants jointly pay to the Plaintiff KRW 99,028,162 as well as the interest rate from October 20, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 15, 2015, the Plaintiff concluded a contract with the Defendants for the remodeling work of the Seoul Special Metropolitan City Gwanak-gu D land, its underground floors, and the five-story buildings (hereinafter “instant building”) (hereinafter “instant construction work”) from July 17, 2015 to August 25, 2014; and the construction cost was KRW 250,00,000 (excluding value-added tax).
B. On June 10, 2015, the Plaintiff paid KRW 10,000,00 on June 10, 2015, and KRW 20,000 on July 16, 2015, and requested the Defendants to pay part payments, etc. in advance. Upon requesting the Defendants to pay part payments, etc., the Plaintiff paid KRW 36,90,000,000 on August 7, 2015, and KRW 36,90,000,000 through Nonparty E on August 12, 2015, and KRW 94,200,000 on September 15, 2015.
C. The Defendants suspended the instant construction project on October 2015, while carrying out construction works for removing walls and stairs from the third, fourth, fifth, fifth, and fifth, of the instant building. The Plaintiff terminated the instant construction contract on the grounds of the Defendants’ nonperformance.
Until the suspension of the Defendants, the construction work cost of the construction work has reached KRW 2,596,745 won, 2,596,745 won, 2,197,122 won, value-added tax 2,416,83 won, 6,877,873 won, 5,677,873 won, 5,65,787 of the fourth floor, 5,618,728 won, and other expenses, such as indirect labor cost, etc.
E. The Defendants have functional, scenic, and safety defects in the instant construction. The cost of repairing defects in the removed construction works reaches KRW 13,189,478, and the cost of repairing defects in the indoor construction works reaches KRW 18,223,861 in total KRW 31,413,339.
[Grounds for Recognition: Descriptions Nos. 1 through 16-3, Evidence Nos. 17-1 through 17, the purport of the whole pleadings]
2. According to the above facts of recognition, the defendants have the remaining 67,614,823 won, which remains after deducting the defendants' payment of the 26,585,177 won from the total amount of the construction cost received from the plaintiff without any legal ground, and the defendants have the profits of 94,20,000 won.