계약금 반환 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 25, 2014, the Plaintiff entered into a construction contract with the Defendant, a company mainly engaged in the construction business, etc. on the following (hereinafter “instant land”) for the construction of two detached houses in Seoposi C and D (hereinafter “instant land”).
The actual site location: The actual actual price of the Jeju Special Self-Governing Province during the construction period: The actual contract amount shall be 481,250,000 won (including the actual contract amount from the beginning date after the completion of the design) until the month from the commencement date of the construction (including the period from the beginning date after the completion of the design).
1. For a contract: Ten percent, 48,000,000 won of the contract amount;
2. When foundation is completed: 40% of the contract amount, 192,625,00 won.
3. When building is completed: 40% of the contract amount, 192,625,00 won.
4. At the time of completion: 10% of the contract amount, 48,000,000 won, and other actual design expenses: When the contract is terminated due to the plaintiff's reasons after concluding a contract under Article 3 (Cancellation of Contract) separate from the contract amount, the defendant shall reduce 1/2 of the contract amount (10% of the total construction amount) and refund the remainder.
Article 11 (Adjustment of Contract Amount Due to Modification of Design) (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or when an unexpected situation occurs in relation to construction or the project plan is modified, the design shall be modified.
(2) Where an increase or decrease in construction volume occurs due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards:
1. The unit price of the increased or decreased construction works shall be adjusted by agreement between the plaintiff and the defendant.
2. The unit price for a new item not included in the contract for construction shall be the unit price determined as at the time of design modification;
3. General management expenses and profits for increased or decreased construction works shall be adjusted to the agreement between the plaintiff and the defendant;
Article 19 (Cancellation, etc. of Contract by the Plaintiff) (1) In any of the following cases, the Plaintiff shall make a contract in whole or in part: