공사대금중 일부금
1. The plaintiff's appeal and the plaintiff's conjunctive claim added by this court are all dismissed.
2. Appeal;
1. The reasoning for the judgment of the court of first instance cited in this case is as follows. The Plaintiff’s additional allegations and claims made by this court are identical to the ground for the judgment of the court of first instance, except for those determined by the following sub-paragraph 2. As such, this shall be cited in accordance with the main sentence of Article 420 of
As follows, the third 3th 14th 15 of the judgment of the court of first instance is followed.
However, the defendant delayed the obligation to pay the advance payment under the contract of this case, and the plaintiff cancelled the contract of this case by serving the original copy of the payment order of this case on the ground of the defendant's default.
E. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 323,200,000 corresponding to the part completed by the Plaintiff during the instant construction work (hereinafter “prepaid construction cost”).
The following shall be added between pages 8, 6, and 7:
4) Even if the Defendant is assumed to be liable for the payment of the contract price of this case, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant is liable for the payment of the contract price of this case, and there is no other evidence to acknowledge otherwise. A) Even based on the Plaintiff’s assertion, the instant contract of this case was rescinded and retroactively lost its validity, and thus the other party cannot be entitled to seek the performance of the contractual obligation, and even based on the instant contract itself, the contract price of this case is to be paid from “the time when the first floor Slovaba” (Article 15 of the Special Conditions of this case), and since the Plaintiff ceased construction while performing only a part of the civil construction work of this case, it cannot be claimed for the payment of the contract price of this case.
B. In the case of a contract for construction works, the construction has been considerably advanced, and the restoration to its original state has resulted in a serious social and economic loss, and the completed part becomes the benefit of the contractor.