손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
On May 31, 2017, the Plaintiff entered into a contract with the Defendant for the interior works of Tae-si C Apartment Co., Ltd. (hereinafter “instant contract”) and agreed to set the construction amount of KRW 93 million as an advance payment of KRW 28 million as of May 31, 2017, and pay KRW 28 million as of July 7, 2017, respectively, on the date of the commencement of the package works, and KRW 28 million as of July 7, 2017, and the Defendant began construction works from May 31, 2017 to July 7, 2017, and agreed to complete the construction works from May 7, 2017.
The Plaintiff paid KRW 28 million to the Defendant on May 31, 2017, and KRW 50 million on July 11, 2017, respectively.
On July 17, 2017, the Plaintiff and the Defendant agreed to complete the construction by August 1, 2017, instead of paying the remainder of KRW 15 million in advance (hereinafter “instant agreement”). In determining detailed matters, such as remote areas, floors, kitchen materials, etc., the Plaintiff and the Defendant agreed to complete the construction by August 1, 2017 (hereinafter “instant agreement”).
The Plaintiff did not pay the remainder to the Defendant, and the Defendant suspended construction, and the Plaintiff expressed its intent to cancel the instant contract to the Defendant on August 18, 2017.
[Grounds for recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 4, and 5; the result of the verification by this court; the plaintiff's assertion of the purport of the whole pleadings was not completed by the deadline stipulated in the contract of this case. The plaintiff is not liable for delay of performance when the defendant completes construction by August 1, 2017 under the agreement of this case; and the plaintiff waivers his/her right to simultaneous performance defense; however, the defendant cannot proceed with construction before he/she pays the remainder to the plaintiff on July 18, 2017, while he/she cannot unilaterally inform the plaintiff of the occupancy on August 7, 2017, and refuses to perform his/her obligation under the agreement of this case by suspending construction.
Therefore, the defendant can complete the construction in accordance with the original contract of this case at the same time and receive the balance from the plaintiff. The construction of this case also remains until August 18, 2017.