계약금반환등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 10, 2018, the Plaintiff entered into a contract for construction works with the Defendant for the construction of electric source housing of the size of 55 square meters above C on the ground of inn city (hereinafter “instant construction works”), and paid the Defendant the down payment of KRW 30,000,000.
The main contents of the instant contract are as follows.
The total construction cost of 30 million won, the down payment of 30 million won at the time of conclusion of the contract, the down payment of 90 million won before the foundation work, the first intermediate payment of 90 million won at the time of completion of the foundation work, the second intermediate payment of 60 million won at the time of completion of the foundation work, the second intermediate payment of 60 million won at the time of the completion of the foundation work, and the remainder of 30 million
At the same time as the contract is concluded, the plaintiff shall pay the down payment of 10% of the construction amount, the down payment shall be paid at the time of the commencement of the construction work, and the late payment shall be paid in accordance with the
If the contract is to be terminated due to the plaintiff's personal circumstances, the contract amount shall be refunded to the plaintiff if he/she gives up the contract deposit and the contract amount is to be terminated due to the defendant's fault.
Around July 6, 2019, the Defendant concluded an additional contract with the Plaintiff to the effect that “the additional construction cost of KRW 58,400,000 shall be deposited in lump sum at the time of deposit of the basic construction cost,” following the completion of the design, and that the instant construction work design was completed on August 22, 2019.
On September 23, 2019, the Defendant concluded an additional contract with the Plaintiff to the effect that “The additional design drawings of the instant construction project, including interior interior interior interior interior interior interior interior parts of the instant construction, were sent to the Plaintiff, after completing the design of the modified parts, including interior interior interior interior parts, and the design of the instant construction project. As a result, it is necessary to increase the additional interior design cost and thus, it is necessary to increase the additional interior construction cost, and that “the additional additional construction cost of KRW 13.5 million is paid in lump sum at the time of payment of the basic construction cost.”
The Defendant shall determine on September 30, 2019 the date of commencement of the basic construction work, and pay to the Plaintiff KRW 90 million for the advance payment, KRW 58.4 million for the said additional construction work, and KRW 13.5 million for the said additional construction work.