공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff was awarded a subcontract from H to the C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-
The defendant transferred the construction site to the plaintiff and carried out the construction work suspended by the plaintiff.
B. On February 14, 2018, the Defendant settled the price for the part of the Plaintiff’s construction work relating to the instant construction work at KRW 60,00,000, and among them, KRW 10,000 shall be paid to the Plaintiff up to February 14, 2018, and the remainder of KRW 50,000,000 shall be sold to the Plaintiff by offsetting the sales contract amount with KRW 50,00,000 in Busan Eastdong-gu E (hereinafter “instant real estate”) under the Defendant’s construction by offsetting the sales contract amount with KRW 50,00,00,000, and the sales contract amount shall be prepared by February 28, 2018 (hereinafter “instant agreement”). The Defendant paid KRW 10,000 to the Plaintiff on February 14, 2018 pursuant to the said agreement.
C. Until February 28, 2018, the Plaintiff notified the Defendant of the cancellation of an accord and satisfaction agreement under the instant agreement upon the Plaintiff’s failure to perform his/her duty to prepare the sales contract through the Plaintiff’s proof of content, and the notification reached the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the agreement on payment in kind under the agreement of this case was lawfully rescinded due to the Defendant’s failure to perform its duty to prepare the sales contract, the Defendant is the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 8, 2019 to May 31, 2019, which is the day following the delivery date of the written complaint of this case sought by the Plaintiff.