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1. The Defendant’s KRW 42,470,880 as well as the Plaintiff’s KRW 5% per annum from December 10, 2014 to August 21, 2015, and August 22, 2015.
Reasons
1. Basic facts
A. On August 5, 2014, the Plaintiff entered into a housing interior construction contract (hereinafter “instant contract”) with the Defendant for a housing interior construction project, the term of which is KRW 45 days, the construction cost of which is KRW 60,000,000 for the construction period of the housing located in Seodaemun-gu Seoul (hereinafter “instant building”) that the Plaintiff acquired ownership on June 30, 201, and paid the Defendant KRW 40,000,000 as construction cost, including KRW 18,00,000 on August 18, 2014, and KRW 20,000,000 on September 4, 2014, and KRW 19,000 on September 19, 2014.
B. Upon the Defendant’s request for the increase of the construction cost by suspending construction from around September 20, 2014, the Plaintiff agreed on October 11, 2014 to increase the total construction cost as KRW 85 million under the instant contract on the condition that the Defendant and the Defendant finished the instant interior works by October 25, 2014 and did not demand any further increase in the construction cost.
(hereinafter “instant increase agreement”) C.
According to the Defendant’s financial standing, the Defendant requested the Plaintiff to pay the construction cost of KRW 20 million, on the ground that the Plaintiff could not purchase materials necessary for completion without receiving the construction cost first from the Plaintiff. However, on October 17, 2014, the Defendant suspended construction work on the ground that the Plaintiff did not pay the construction cost.
The Plaintiff sent content-certified mail to the Defendant, around October 27, 2014, on the ground that the Defendant suspended the instant interior work and did not complete the construction by October 25, 2014 as agreed at the time of the instant increase agreement, on the ground that it had not completed the construction by October 25, 2014.
[Grounds for Recognition: Evidence No. 1-3, Evidence No. 5-1, 2, and the purport of the whole pleadings]
2. Determination
A. In full view of the purport of the entire pleadings as a result of the appraisal conducted by the judgment appraiser D as to the cause of the claim, the part executed by the Defendant until the suspension of the interior works of this case is indicated as follows.