공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. On June 2017, the Plaintiff asserted that the Defendant had contracted the construction of the instant construction contract with the Defendant for remodeling of C’s ground reinforced concrete brick structure and the housing of two mentmen’s mentmen’s mentmenial roof (hereinafter “instant housing”) (hereinafter “instant construction contract”); and on July 12, 2017, the Defendant rescinded the instant construction contract without any justifiable reason.
Therefore, as a matter of choice, the Plaintiff’s construction work was carried out by July 7, 2017, with a maturity of at least 55%, and the Defendant is obligated to pay the Plaintiff reasonable construction cost, or the instant construction contract was rescinded due to the Defendant’s nonperformance of obligation, and thus, is liable to compensate for such damages.
The construction cost of KRW 9,350,000, which is equivalent to 55% of the base price, or the Plaintiff, as a partial claim, sought KRW 8,633,00,000, which is an actual construction cost. Thus, the Defendant is obligated to pay the Plaintiff KRW 8,633,00 and delay damages therefor.
B. In full view of the purport of Gap's evidence Nos. 3 through 6 (including paper numbers), Eul's evidence Nos. 6, witness D, and Eul's testimony and arguments, the defendant awarded a contract to the plaintiff for remodeling construction work of the housing of this case to the plaintiff in the middle of June 2017, and changed the construction cost to KRW 17,00,000 while not conducting some construction work around the end of June 2017. It is recognized that the construction work of approximately KRW 8,63,000 has been progress from July 7, 2017 until July 7, 2017, which is the time when the plaintiff suspended the construction work. Thus, the defendant, barring any special circumstance, sought from the plaintiff for the payment of KRW 8,63,00 as the construction price of the housing of this case to the day after July 8, 2017, the court below rendered a decision from July 10, 2017 to the day after July 15, 2017.