어음 반환
1. The defendant shall have the intention to return the electronic bill recorded in the attached list to the plaintiff, an incorporated association C.
On April 2, 2019, the Plaintiff entered into a construction contract with the Defendant, and the Defendant, from April 2, 2019 to June 30, 2019, with the purport that the construction cost of KRW 260,700,000 shall be KRW 200,000,000,000, and the construction cost of water-processing facilities and water treatment facilities shall be decided (hereinafter “instant construction contract”).
On July 15, 2019, the Plaintiff issued to the Defendant an electronic bill listed in the attached Table (hereinafter “instant electronic bill”) as the construction price under the said construction contract.
However, on October 18, 2019, the Defendant did not commence construction works under the said construction contract until around October 18, 2019, and the Plaintiff notified the Defendant of his intent to rescind the said construction contract on October 18, 2019.
According to the above facts, the instant construction contract was lawfully rescinded upon the Plaintiff’s declaration of intent to rescind.
Therefore, the Defendant is obligated to notify the Plaintiff of the intent to return the instant electronic bill to C, an incorporated association, which is the electronic bill management agency of the instant electronic bill, following the cancellation of the instant construction contract.
[Inasmuch as the Defendant served a written complaint and did not appear on the date of pleading, it shall be deemed that the facts constituting the cause of the claim pursuant to the main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act have been led to confession, and only the matters necessary to specify the claim pursuant to Article 208(3)2