공사도급계약해제무효확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a reconstruction maintenance project association established based on the Act on the Improvement of Urban and Residential Environments for a reconstruction project that removes Gangseo-gu Seoul Metropolitan Government BB loan and newly constructs multi-family housing, etc. (hereinafter “instant project”).
B. Around April 2016, the Defendant publicly announced the bidding for the selection of the instant project contractor. On June 18, 2016, the Plaintiff was determined as the contractor after the bidding procedure and the ordinary general meeting procedure.
C. On July 18, 2016, the Plaintiff and the Defendant contracted the Plaintiff the construction work for the instant business to KRW 4,569,000 per unit area of construction cost (253,00 per unit area of construction cost per unit area of 4,316,000 won (253,00 won per unit area of construction cost). The Plaintiff and the Defendant entered into a contract for a construction work contract with the Plaintiff stating that the Defendant will provide the Defendant’s members with a loan free of interest under the pretext of moving expenses during the instant business period.
On January 2018, the defendant requested the plaintiff to send the draft contract to the plaintiff after receiving the approval of the management and disposal plan.
On February 26, 2018, the Plaintiff reflected the price fluctuation between KRW 4,569,00 per 3.3058 square meters (per 1 square meter) per the contract area under the existing contract for a construction project, and sent to the Defendant the draft of this contract, stating the contract amount as KRW 4,865,00 per 3.30 square meters (per 1 square meter) increased compared to the existing one.305 square meters (per 1 square meter)
E. On March 7, 2018, the Defendant stated that the contract price as stated by the Plaintiff was higher than the anticipated amount, and specified in detail so that the materials, unit price, construction method, brand name, etc. planned by the Plaintiff can be confirmed, and the financial cost is separately indicated in the contract price, and the grounds therefor should be indicated, and it should be clearly indicated the relocation expenses and the part payment loan plan for the union members.