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(영문) 대전지방법원 2021.03.04 2019가단104911

공사대금

Text

1. Defendant (Counterclaim Plaintiff): (a) KRW 10,846,127 to the Plaintiff (Counterclaim Defendant) and its related thereto; (b) from February 9, 2019 to March 4, 2021.

Reasons

1. Facts of recognition;

A. On July 13, 2017, the Plaintiff received the construction period of the installation of air conditioners (hereinafter “instant construction”) from the Defendant during the new construction of the Defendant’s Permitted Factory (hereinafter “instant building”) located within the scope of the construction of the instant construction project from July 13, 2017 to August 30, 2017, setting the construction price of KRW 140,000,000, and the delayed rate of KRW 3/1,000, respectively. On the same day, the Plaintiff received 14,000,000 as the down payment among the construction price of the instant construction project from the Defendant.

B. Although the Plaintiff commenced the instant construction, the construction of the instant building was suspended on or around June 2018, and the Plaintiff’s husband C, the Plaintiff’s husband C, and the constructor D, who was ordered to perform the construction of air conditioners by the Plaintiff, to resume the instant construction from September 4, 2018, and to complete the instant construction within 18 days thereafter, respectively.

(c)

However, the instant construction still did not proceed but did not prove the following content between the Plaintiff and the Defendant.

1) On October 18, 2018, the Defendant: “The Plaintiff will resume the instant construction work” to the Plaintiff.

As from September 4, 2018, the instant construction was suspended for more than one month from September 4, 2018, and thus, the instant construction was canceled.

2) On October 29, 2018, the Plaintiff sent to the Defendant proof that “The instant construction project was delayed due to the lack of concrete packaging construction on the land of the instant building, which requires installation of an outside air conditioners, and thus, it is unreasonable for the Defendant to unilaterally terminate the instant construction contract.”

3) On January 3, 2019, the Defendant: “The Plaintiff’s notification of the cancellation of the instant construction contract to the Plaintiff on October 18, 2018.”