공사대금
1. The plaintiff's appeal and the claims extended by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. The reasoning for this Court’s explanation concerning this part of the facts is as follows, and this part of the reasoning of the judgment of the first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance. As such, this Court cited it as it is in accordance
In the third part of the judgment of the court of first instance, the "Conclusion" in the sixth part is as follows.
Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, Gap (Defendant) or Eul (Plaintiff) may cancel or terminate all or part of the contract in question, if the contract is not performed within the said period after demanding it to perform the contract in writing, fixing a reasonable period:
1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;
2. In the event that it is clearly clear that construction work cannot be completed in the air due to the cause attributable to B, such as dishonoring bankruptcy, etc., “The execution was completed,” and the contents of the termination of the contract during the instant subcontract are as follows: (a) the witness H in the first instance court first instance judgment in the fourth instance judgment in the fourth instance.
2. The parties' assertion
A. Plaintiff 1) At the time of the conclusion of the instant subcontract, the Plaintiff participated in the execution of the instant construction in the form of so-called blanket subcontract, and agreed with the Defendant that the Defendant will perform the instant landscaping construction work, which is a prior process, and be guaranteed 15% profits of performance (hereinafter “instant special agreement”).
(2) Accordingly, the Plaintiff surveyed various boundaries and facilities, and performed incidental construction works, including landscaping, temporary facilities appurtenant works, civil engineering works, and landscape gardening works, and conducted 80% of the unit installation works as of February 2, 2017, and 10% of the landscape gardening works in this case. (2) However, the Defendant did not pay the Plaintiff the progress payment for the incidental construction, and the Plaintiff did not pay the Defendant the progress payment for the incidental construction.