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1. The Defendant’s KRW 59,814,280 to the Plaintiffs, as well as 6% per annum from August 1, 2017 to June 26, 2018.
Reasons
1. Facts of recognition;
A. (1) On February 20, 2017, the Plaintiffs concluded a construction contract with the Defendant to newly construct a multi-family house with the fifth floor of the steel reinforced concrete structure (hereinafter “instant building”) on the ground of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) and to receive KRW 36 million as the construction cost.
(2) The Defendant paid the Plaintiffs KRW 200,000,000 as the construction price under the instant construction contract (contract amount), KRW 50,000,000,000 on March 23, 2017, KRW 50,000 on April 11, 2017, and KRW 50,000,000 on April 28, 2017.
B. (1) After the conclusion of an additional agreement, the Plaintiffs consulted on the issue of increase in construction price as a result of partial changes in the construction content during the process of the construction of the instant building under the instant construction contract, and the dispute arises between the Plaintiffs and the Defendant, and the Plaintiffs suspended the construction of the instant building from May 8, 2017.
(2) On May 20, 2017, the Plaintiffs drafted an additional agreement between the Defendant and the Defendant that “The additional amount of KRW 43.6 million shall be added to the construction amount added in relation to the construction of the instant building; the suspended construction shall resume from June 22, 2017, and the construction period shall be extended to the extent that the construction period was not extended to 20 days as much as the construction period was not continued after the additional consultation; and the Defendant paid KRW 43,60,000 to the Plaintiffs on May 20, 2017 pursuant to the said additional agreement.
C. After the termination (1) of the agreement between the Plaintiff and the Defendant, the construction of the instant building was suspended due to the occurrence of a dispute between the Plaintiffs and the Defendant.
(2) On July 13, 2017, the Defendant demanded advance payment of KRW 50 million that the Plaintiffs shall pay at the time of receipt of the application for approval of use, and the Defendant did not continue construction until the much more than June 20, 2017, which was the deadline for the discontinuance of construction, without suspending construction.