공사대금선지급금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the parties' arguments
A. On May 1, 2013, the Plaintiff concluded a contract on the installation of an accelerator (hereinafter “instant construction contract”) with the Defendant by setting the construction cost of KRW 137,500,000 between the Plaintiff and the Defendant, and paid the Defendant the down payment of KRW 2,00,000.
The construction cost is 30% of the start work, and the intermediate payment is 40% of the start work, the purchase of the floor, the installation work of miscellaneous stone, the installation work of miscellaneous stone, the installation of steel-line 6 lines, the installation of cement concrete packaging with thickness 15 centimeters after the completion of the work, and the payment of 30% of the remainder when it is possible to run accelerator business. The Plaintiff, with the Defendant’s understanding, specified in the contract (Evidence 1) held by the Plaintiff.
The Plaintiff paid KRW 42,00,000 to the Defendant in accordance with the above agreement, and the Defendant commenced the construction by promising that “a civil construction work and floor concrete shall be completed by May 30, 2013, and the entire construction related to the construction of an accelerator facilities shall be completed by June 15, 2013.”
However, the Defendant did not undertake the construction according to the promise, and requested the Plaintiff to pay intermediate payments prior to the commencement of the floor concrete building works, and the Plaintiff refused the intermediate payment after completing the floor concrete construction, and the intermediate payment was rejected, and the construction was unilaterally suspended on June 13, 2013 and completed at the site.
The Defendant’s act of discontinuance of construction constitutes delay of performance or refusal of performance, and the Plaintiff rescinds the instant construction contract.
Therefore, the defendant is obligated to refund to the plaintiff the sum of the down payment and the down payment already paid to the plaintiff, the sum of KRW 44,000,000, and damages for delay.
B. The gist of the Defendant’s assertion and the Defendant’s 30% of the construction cost begin with the commencement, and 40% of the construction cost is the floor construction work.