The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 12,515,880, respectively, as well as on October 22, 2019 from June 30, 2018.

Basic Facts

The plaintiff is a juristic person established for the purpose of construction business, etc., and the defendants concluded a new construction contract with the plaintiff's neighborhood living facilities located in Northern-gu D at Port and Port (hereinafter "the building of this case").

On July 7, 2016, the Plaintiff entered into a contract for the construction of the instant building (hereinafter “instant construction contract”) with the following terms and conditions as the Defendants, and entered into a modified contract with the content that the contract amount was KRW 1,644,500,000 (hereinafter “instant construction contract”) on August 20, 2016, changing the contract amount to KRW 1,644,50,000.

Standard contract for private construction works

1. New construction of the literacy center;

3. Date of commencement: The expected date of completion on July 20, 2016: The contract amount on January 30, 2017: 1,655,500,000 won: The rate for liquidated damages: the Plaintiff completed the instant building after the completion date, and the approval for use on February 28, 2017 for the instant building was completed.

On the other hand, on June 1, 2017, the Plaintiff and the Defendants established the following additional construction contract for the additional settlement of the contract amount of the instant construction project (hereinafter “instant additional construction contract”), which was approved after the said approval for use, and the Plaintiff did not undertake a separate repair work on the instant building in accordance with the said contract.

Contract for Construction Works

1. Reinforcement works of the Seodaemun-gu Center;

3. Date of commencement: The expected date of completion on June 1, 2017: 49,500,000 won: The rate of liquidated damages: 1/100 of the contract amount after the completion date: the Defendants did not receive KRW 13,500,000, out of the total construction amount stipulated in the instant construction contract and the instant additional construction contract.

[Ground of recognition] In light of the above-mentioned facts, Gap evidence Nos. 1, 2, 3, 4, and 6 and the purport of the entire arguments, the court below's determination as to the ground for appeal as to the plaintiff's ground for appeal, barring special circumstances, the defendants jointly do so to the plaintiff 13,500.