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1. The Defendants each amounting to KRW 9,350,00,000 and 15% per annum from January 30, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On March 8, 2017, the Plaintiff concluded a construction contract with the Defendants for the following purposes of hot spring development (hereinafter “instant construction contract”).
1. Name of the construction: Examination trend;
2. Construction site: F at the time of strike; and
3. Construction period: 20 days from the commencement date.
4. Quantity of construction: Not more than 800m (one hole);
5. Construction amount: 64,00,000 won (Additional dues) Article 3 of the Construction Location A (Defendants) and B (Plaintiffs) shall be the execution key at a place designated by consultation.
Article 4 Construction Work Execution Method Section 4 The surface of the earth shall continue to be excavated after inserting a diameter of eight square meters.
Article VMethod of Payment of Construction Costs
1.The term “A” shall pay 30,000,000 won in the same amount as the contract and in combination with material costs and retainers.
2. The balance shall be the payment key simultaneously with the completion of excavation.
B. On March 8, 2017, the Defendants paid KRW 33,000,000 to the Plaintiff each of the retainers amounting to KRW 8,250,000.
C. The Plaintiff completed the instant construction from March 10, 2017 to March 17, 2017, but did not have hot spring water.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading
2. According to the above facts finding as to the cause of the claim, the Plaintiff completed all the construction work under the instant construction contract, and the Defendants are obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 30, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case.
3. Judgment on the defendants' assertion
A. The summary of the defendants' assertion 1 of the construction contract of this case was concluded on the premise of the existence of hot spring water for the purpose of developing hot spring water to F in Pakistan, and as long as hot spring water, which is the purpose or condition of the contract, did not go beyond the scope of the contract.