beta
Text
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 8,123,523 as well as as the annual period from April 21, 2017 to May 3, 2018.
Reasons
1. Comprehensively taking account of the evidence evidence Nos. 1 through 3 and the purport of the entire pleadings, it is recognized that, on May 6, 2015, the Plaintiff entered into a contract with the Defendants (Defendant B is the merchants engaged in the mid-term rental business, etc. of the trade name “D”) for the construction of housing site (hereinafter “instant construction contract”) with respect to the forest E (hereinafter “the instant forest”) owned by the Plaintiff, Gyeongnam-gun, Busan (hereinafter “the instant forest”).
A contractor: A contractor: A contractor shall immediately commence the construction period of KRW 22,00,000 (excluding value-added tax): Provided, That where the contractor fails to complete the construction within the construction period, compensation for delay shall be deducted from the payment of the construction price for delay equivalent to 1/1,00 of the construction price per day of delay when the contractor fails to complete the construction within the construction period.
2. Judgment on the ground of the Plaintiff’s claim
A. Under the Plaintiff’s assertion, the Defendants are jointly and severally liable to pay to the Plaintiff a total of KRW 40,732,00 as damages (= KRW 19,450,000, KRW 3,432,000, KRW 9,000) and damages for delay.
1) The Defendants had been fully paid the instant construction cost, but failed to perform 30% of the total construction cost of the instant construction work. Therefore, the Defendants are obligated to pay the Plaintiff the amount of damages equivalent to the additional construction cost of the said non-construction cost, as well as damages for delay thereof. 2) The Defendants, in performing the instant construction work, erroneously constructed the parts of the instant forest, as indicated in Appendix 1 drawings (i), (ii), (iii), (iv), and (5).
(1) The Defendants are obligated to pay to the Plaintiff the amount of damages equivalent to the reconstruction cost (including the expenses for planting trees of 5gs that have not been planted) of the above error construction part (including the expenses for planting trees of 5gs that have been planted) and the damages for delay thereof.
3. The Defendants are the Plaintiff.