선급금반환 청구의 소
1. The Defendant (Counterclaim Plaintiff) paid KRW 13,264,204 to the Plaintiff (Counterclaim Defendant) and its related amount from July 14, 2017 to February 13, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 4, 2014, the Plaintiff and the Defendant in relation to building E and F of Sejong Special Metropolitan City (hereinafter “instant commercial building”)
In order to establish a specialized restaurant, the term of construction cost of KRW 153,300,000 and the construction period of KRW 100,000 from November 12, 2014 entered into a contract for interior works with the main content of one month from November 12,
(hereinafter “instant construction contract”). B.
Upon the Defendant’s request, the Plaintiff paid the construction cost of KRW 93 million from November 12, 2014 to the 19th of the same month.
C. From November 12, 2014, the construction was suspended at the Plaintiff’s request on December 2014 while the Defendant was doing interior works in the instant commercial building.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, Eul 1 through 2, and 4, the statement (including each number, if any; hereinafter the same shall apply), the witness G’s testimony, the witness H’s partial testimony, and the purport of the whole pleading
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff paid KRW 93 million, equivalent to 65% of the construction price of KRW 153,330,000,000, to the Defendant, but the Defendant suspended construction, and thus, the Plaintiff claimed the return of KRW 60,000,000,000, which remains after deducting the period of work, but the claim was modified following the appraisal of the period of work.
The Defendant’s progress in the construction project is 3.11%, and the construction cost is 93 million won, 62,207,700 won of the construction cost corresponding to the uncompletiond portion (66.89%) shall be returned to the Defendant. Even based on the contract price of KRW 153,00,000 claimed by the Defendant, the remainder 42,341,70 won shall be returned, excluding 50,658,300 won from the amount paid by the Plaintiff, excluding 50,658,300 won.
B. During the construction works under the instant construction contract asserted by the Defendant, the construction cost increased by either modifying or rebuilding the already constructed part at the Plaintiff’s request.
The Defendant spent 112,174,00 won in total, but 9.