공사대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 45,00,000 to the Defendant (Counterclaim Plaintiff) and its payment from August 28, 2012 to the date of full payment.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a company engaged in construction and civil engineering work, and the Defendant is the owner of a 387 square meter prior to C at the time, who is a inspector D located in the vicinity thereof.
B. On April 18, 2011, the Plaintiff filed a building report with the head of Dong-gu City in the name of the Defendant, stating that he/she will build a new order on the ground of the above land (hereinafter “instant construction”). On April 29, 201, the head of Dong-gu City accepted the building report on the construction project on the said land.
C. On June 9, 2011, the Plaintiff reported the commencement of construction works to the large-scale City Mayor, and around August 23, 2011, installed an office and a container for storage at a construction site and started bringing in construction materials, etc., and commenced construction works on August 30, 201, including commencing construction of a ground for the construction of a new order.
On September 7, 2011, the Defendant requested the Plaintiff to suspend the instant construction. Accordingly, the Plaintiff did not proceed with the construction any longer after the completion of construction at the construction site of this case around September 9, 2011.
E. Meanwhile, the Defendant paid to the Plaintiff KRW 15 million on May 24, 201, and KRW 30 million on September 2, 2011.
At present, the foundation of the floor and the concrete structure corresponding to the primary structure installed by the Plaintiff while performing the instant construction exist on the ground above the Defendant’s land.
[Ground of recognition] Facts without dispute, Gap evidence 4, 5 (including provisional number), Eul evidence 8, 11, 12, and 16, the purport of the whole pleadings
2. The parties' assertion
A. On April 201, the Plaintiff entered into a contract with the Defendant for the instant construction project and subsequently executed the instant construction project.
However, the defendant requested the plaintiff to suspend the construction of this case with its own financial standing, and the plaintiff could no longer proceed with the construction of this case.
Therefore, since the construction contract of this case was rescinded, the defendant shall pay the plaintiff the construction cost according to the work completion order executed by the plaintiff before the contract of this case is rescinded.