공사계약해지무효확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 7, 2017, the Plaintiff entered into a contract for a construction project with the Defendant to receive a contract for the construction cost of KRW 2,664,863,00, and the period from August 10, 2017 to April 23, 2018.
(hereinafter “instant construction contract”). B.
Plaintiff’s labor cost unpaid 1) The general terms of the instant construction contract had been separately paid in the event that the Defendant pays the construction cost to the Plaintiff (i.e., labor cost division management system).
(2) At the time of the conclusion of the instant construction contract, the Plaintiff filed an application with the Defendant for exclusion from the application of the classification management system on the ground that “the pre-payment of labor cost to workers prior to the claim for construction cost.” However, as the Plaintiff did not pay labor cost to workers, the Plaintiff and the Defendant applied the classification management system on November 30, 2017.
C. On August 31, 2017, the Plaintiff filed an application with the Defendant for advance payment of KRW 700 million of the construction price of the instant construction contract, and “The advance payment received shall not be used for any purpose other than the purpose of achieving the purpose of the instant construction contract, such as paying wages and securing materials, and shall use the full amount and submit a written statement of use to the Defendant. Within 10 days from the date of receipt of advance payment, the Plaintiff prepared and issued a written statement that “The advance payment will be distributed to the members of the joint supply and demand organization or the subcontractor.” (ii) The Plaintiff received advance payment of KRW 700 million from the Defendant on September 7, 2017.
3) The Plaintiff did not submit the details of the use of advance payment to the Defendant, and on January 22, 2018, at the meetings with the Defendant, the Plaintiff stated that “D and E used the advance payment of KRW 700 million of the instant construction contract at the site.” D. The Defendant (Construction Management Group) (the delay of the instant construction project) up to October 10, 2017 until October 16, 2017.