약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 27, 2017, the Plaintiff’s summary of the Plaintiff’s assertion is obligated to pay to the Plaintiff the amount stated in the purport of the claim, excluding KRW 19,125,000,00, which was already paid, as the Defendant left the site on July 31, 2017 without performing the construction work, and KRW 19,125,000, which was already paid, and KRW 23,970,000, which was already returned at KRW 12,65,000, which was already returned at KRW 23,970,000, under the agreement that the Defendant would pay 30% of the agreed amount at the time of waiver of the construction work.
2. On July 27, 2017, the Plaintiff gave a contract to the Defendant for reinforced concrete construction (hereinafter “instant construction”) at KRW 850,00 per square year among the electric source housing construction works located in Gyeyang-gun, Gyeonggi-do (hereinafter “instant construction contract”). There is no dispute as to the fact that the Defendant paid construction cost of KRW 19,125,00 to the Defendant on July 31, 2017, and according to the evidence No. 3 of the instant construction contract, the fact that the Defendant agreed to pay to the Plaintiff an amount equivalent to 30% of the agreed amount when the Defendant renounces the construction work (Article 8) under the instant construction contract can also be acknowledged.
However, it is insufficient to recognize the Plaintiff’s assertion that the Defendant did not perform or waive the instant construction work at will, while comprehensively taking account of the overall purport of the arguments and arguments in the statement or video of Eul’s evidence Nos. 1 through 6, 8 through 16, Eul’s evidence No. 7-1, and Eul’s evidence Nos. 7-2, and 2, the Defendant was unable to perform construction works under the conditions of the previous contract on the ground of changes in design, etc. in the owner’s side without any cause attributable to the Defendant after commencing the construction work under the instant construction contract, and the Defendant returned to the Plaintiff the remainder of KRW 19,125,00,000 paid by the Plaintiff on September 15, 2017, with personnel expenses of KRW 4.5 million and temporary expenses of KRW 1760,000,000,000 and KRW 1265,000,000,000,00.