공사대금 등
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's lawsuit against the defendant shall be dismissed.
3...
1. The plaintiff's ground for claim
A. On March 12, 2014, the Plaintiff: (a) decided on July 17, 2014; (b) the construction work to remodel the ground Celto D hotel from the Intervenor into D hotel (hereinafter “instant construction work”); and (c) received a contract for construction work cost of KRW 2.5 billion (excluding value-added tax).
(hereinafter “instant construction contract”). At the time, the Plaintiff and the Intervenor entered into a special agreement as follows:
Article 39 (Matters of Special Agreement) Other matters not specified in this contract may be determined by a separate special agreement between the contractor and the contractor.
1. Total cost: 2.5 billion won, and part of the down payment and intermediate payment shall be paid out of a bank loan;
2. Amount paid at a bank of down payment and intermediate payment: 1.4 billion won.
3. The balance amount: 1.1 billion won shall be paid to the building owner within 30 days after completion.
(1) Every contractor shall complete construction performance securities and completion of responsibility in all construction processes.
(2) A contractor shall pay interest on loans.
[The amount of money to be paid by the contractor (the first amount for completed portion) shall be paid to the owner when lending 1.4 billion won to the contractor.]
On March 12, 2014, the Plaintiff entered into a guarantee insurance contract (contract) with the Defendant on the following terms: (a) the Intervenor, the insurance period from March 12, 2014 to July 17, 2014 regarding the instant construction project; (b) the amount of the insurance coverage is KRW 275 million; and (c) the contract deposit under the construction contract; and (d) the terms and conditions of the guarantee (hereinafter “instant insurance contract”).
C. Although the Plaintiff commenced the instant construction work in March 2014, the Intervenor did not receive a loan of KRW 1.4 billion from the down payment and the intermediate payment in violation of the foregoing special agreement, and did not pay the down payment and the intermediate payment. Accordingly, the Plaintiff’s suspension of the instant construction work on April 2014.
Nevertheless, the Intervenor cannot achieve the purpose of the instant construction contract due to the Plaintiff’s unilateral discontinuance of construction around March 31, 2015, and thus, the instant construction contract cannot be concluded.