공사대금
The judgment of the court of first instance, including the defendant-Counterclaim plaintiff's counterclaim that has been extended or reduced by this court.
1. In the first instance trial on the scope of this Court’s trial, the Plaintiff filed a suit against the Defendant as the principal place of the lawsuit, the construction cost and damages arising from the unfair termination of the instant contract, and C filed a claim for the performance of the Defendant’s joint and several liability for the said obligation, and the Defendant, as a counterclaim, filed a claim
The court of first instance dismissed the plaintiff's main claim and the claim against C, respectively, and partly accepted the defendant's counterclaim.
With respect to this, the plaintiff filed an appeal against the part against the plaintiff among the part on the counterclaim.
In addition, the defendant extended the claim for return of advance payment and reduced the claim for damages in lieu of defect repair, and the extended part of the claim should be considered as an incidental appeal.
Ultimately, the scope of the judgment of this court is the part against the plaintiff among the part on the counterclaim of the judgment of the court of first instance (excluding the part in which the defendant reduced the counterclaim) and the part in which the defendant extended the counterclaim by this court.
2. Basic facts
A. On October 26, 2017, the Plaintiff entered into a contract with the Defendant for construction of a new construction of an office of land (hereinafter referred to as “instant construction”) outside and two parcels of land, 4,193,817,800 won, performance deposit (contract deposit) 10% of the construction cost, 2% of the construction cost for a warranty bond, and the construction period from November 1, 2017 to February 28, 2019 (hereinafter referred to as “instant contract”).
The defendant's representative director C guaranteed the defendant's obligation under the contract of this case to the plaintiff on the same day.
B. Of the general terms and conditions of the instant contract, the contents pertaining to the instant case are as follows.
Article 4 [Deposit for Contract] The Plaintiff shall pay in cash, etc. to the Defendant prior to the conclusion of the contract the contract bond stipulated in the contract to guarantee the performance of the contract.
However, the contract bond between the defendant and the plaintiff is agreed.