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1. The Defendant’s KRW 57,027,512 as well as the annual rate of KRW 5% from April 6, 2017 to August 17, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On May 31, 2016, the Plaintiff concluded a contract with the Defendant for construction period of KRW 520,600,000 (hereinafter “instant contract”) from June 7, 2016 to August 30, 2016, with the construction period of KRW 520,60,00 (hereinafter “instant contract”). At the Defendant’s request, the Plaintiff paid the Defendant the construction cost of KRW 10,000,000 on June 9, 2016, and KRW 10,000,000 on June 29, 2016; KRW 50,000,000 on September 13, 2016; KRW 50,000,000 on September 13, 2016; and KRW 30,000,000 on October 10, 200,000.
B. The construction was suspended on or around June 20, 2016 after the occurrence of an urban planning line of the instant construction project, and the Plaintiff and the Defendant agreed to change the design of the instant building from the first third to the second floor, and accordingly, to reduce the construction cost from KRW 520,060,000 to KRW 420,000.
C. On August 2016, the Defendant resumed the construction work, and the Plaintiff and the Defendant decided to complete the construction work until December 20, 2016, but the Defendant discontinued the construction again, and on January 12, 2017, the Plaintiff sent to the Defendant a certificate of the purport that the instant construction contract will be terminated on the grounds of the Defendant’s nonperformance of obligation, and the certificate of its content was served on the Defendant on January 13, 2017.
The progress ratio of the instant construction works performed by the Defendant is 68.13%, and 286,146,000 won based on the progress ratio is 286,146,000 won (=420,000,000 x 68.13%). The cost of repairing the defects of the housing due to the Defendant’s erroneous construction and non-construction (including removal works on the part of the urban planning line) is 43,173,512 won.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 10 (including each number in case of additional number), Eul evidence No. 2, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) The progress rate of the part of the Defendant’s construction work under the instant contract is 68.13%, and the construction amount that the Plaintiff is liable to pay to the Defendant is 286,146.