공사대금 반환
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. Upon introduction by Defendant B, the Plaintiff made an oral contract to Defendant C for the construction work of newly constructing the instant farmland at KRW 15,000,000 for the construction cost around 2015, and subsequently, on August 2016, the Plaintiff made an oral contract with Defendant C for the construction work of the said housing (hereinafter “the instant housing construction work”; and the construction work of the instant housing construction work”), which extended the said farmland around August 2016, to KRW 40,500,000 for the total construction cost of KRW 10,000 for the contract deposit and the construction work of the instant housing; and the remainder KRW 30,500,000 for the construction cost of the instant construction work (hereinafter “construction cost”).
(hereinafter “instant contract”). (b)
Defendant C completed a new construction of a cryp, and completed the remainder of the construction except for part of the cryp ( stairs and windows; hereinafter the same shall apply), roof excellent pipes, model cryp (including the cryp dried cryp, hereinafter the same shall apply), toilet facilities (including the cryp cryp, gyp, gyp, cryp, cryp, hereinafter the same shall apply), and electric construction (lary rooms and outdoors);
C. Around August 2015, the Plaintiff transferred the construction cost of KRW 15,00,000 to the Defendant B’s deposit account, and around August 2016, KRW 10,000,000, out of the construction cost of the instant case, to the Defendant B’s deposit account. On January 17, 2017, KRW 20,000,000, out of the remainder of the construction cost of the instant case’s deposit in the Defendant C’s deposit account, and the remainder KRW 10,00,000,000, respectively, was transferred to each of the Defendant B’s deposit accounts.
The Plaintiff: (a) around July 7, 2017, around July 2017,: (b) verifying the content that “the Defendant would commence legal measures if he/she did not complete the instant construction by July 24, 2017; and (c) around February 2018, the Defendants urged the completion of the instant construction works several times, but delayed the completion of the instant construction; (b) concluding the instant contract; (c) proving that the Defendants would settle accounts and return the amount corresponding to the portion of the instant construction payment that the Plaintiff paid; and (d) notifying the Defendants of the termination of the instant contract on May 2, 2018.