공사대금 등 청구의 소
1. The part concerning the claim for confirmation of lien among the instant lawsuit is dismissed.
2. The defendant shall pay 250,000,000 won to the plaintiff and this shall apply.
1. The legal action for confirmation of dismissal is permissible only when there is infinite danger in the Plaintiff’s rights or legal status, and the obtaining of a judgment of confirmation is the most effective way to resolve the dispute, and it is recognized that there is no other effective and adequate means than receiving a judgment of confirmation.
As to the instant lawsuit, the Plaintiff sought confirmation as to the existence of the Plaintiff’s right of retention, which made the Plaintiff’s claim for construction cost equivalent to KRW 250 million against the Defendant regarding the ground neighborhood living facilities and multi-family houses (hereinafter “the instant building”) in the former-gun, North Korea-U.S. (hereinafter “instant lawsuit”).
However, even according to the record, there is no assertion by the plaintiff as to the legal interest in seeking confirmation as to the existence of the above lien against the defendant, because there is a legal dispute as to the plaintiff's above lien on the building of this case.
Therefore, the part of the claim for confirmation of lien among the lawsuit of this case is unlawful as there is no benefit of confirmation.
2. The cited part
A. On June 29, 2018, the Plaintiff entered into a construction contract with the Defendant, the contract amount of KRW 652,080,000 (including value-added tax), and the construction period from June 29, 2018 to October 31, 2018, to which the Plaintiff would construct the instant building on the land owned by the Defendant-owned Free Zone C.
However, due to the Defendant’s circumstances, construction of the instant building was suspended on September 2018 at a level of about 45% of the fair rate for patrolmen.
Since then, the Plaintiff urged the Defendant to pay the construction cost of KRW 270 million corresponding to the above fair ratio, but the Defendant paid only KRW 20 million among them to the Plaintiff.
Therefore, the Defendant shall pay to the Plaintiff the remainder of the construction cost of KRW 250 million and the remainder of the construction cost from the day after the delivery of a copy of the complaint of this case.