수리비반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
In the first instance trial, the Plaintiff filed a claim for reimbursement of KRW 6.3 million of the repair cost of the Crerererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererererere
Therefore, since only the defendant appealed against it, the scope of the trial of the party shall be limited to the claim for the return of the above repair cost.
Facts of recognition
Around December 21, 2015, the Defendant was awarded a contract with the Plaintiff for repair of a breakdown that a string for construction with a stop of a certain angle, and around that time, the Defendant repaired the said string from around to January 5, 2016, but the said string was not repaired.
From December 23, 2015 to December 31, 2015, the Plaintiff paid the Defendant totaling KRW 6,300,000 to the repair cost.
[Ground of recognition] According to the facts without dispute, Gap evidence Nos. 1 and 2, testimony by witness C of the court of first instance, and the overall purport of the arguments, the above-mentioned facts and the whole purport of the arguments, which are the grounds for a claim for judgment as to the overall purport of the arguments, can be acknowledged that the contract was concluded between the plaintiff and the defendant for 6.3 million won (hereinafter “instant contract”).
Meanwhile, a contractor of a contract may claim remuneration for completing the contracted work (Article 664 and Article 665 of the Civil Act). The Defendant demanded the Plaintiff to pay additional repair expenses without completing the contracted work due to the failure to complete repair. This is an expression of intent that the agreed price cannot be performed, and is recognized as an expression of intent refusing performance under the contract of this case.
If so, the plaintiff who is a contractor may rescind the contract without the notice of performance and includes the expression of intent to cancel the contract.