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(영문) 창원지방법원마산지원 2015.05.06 2014가단7554
정산금
Text

1. The defendant shall pay to the plaintiff KRW 31,850,150, and 5% per annum from June 24, 2014 to May 6, 2015 and the next day.

Reasons

1. Basic facts

A. On October 14, 2013, the Defendant: (a) received a contract from the Plaintiff for the Construction of Housing (hereinafter “instant contract”); and (b) agreed that the construction cost shall be KRW 1.5 million at the time of the contract; (c) KRW 50 million at the time of the completion of the internal construction; and (d) KRW 30 million at the time of completion of the construction; and (e) KRW 25 million at the time of completion of the construction; and (e) agreed that the construction period shall begin on October 20, 2013, and complete the construction on February 30, 2014.

B. Upon entering into the instant contract, the Plaintiff paid each of the Defendant the down payment of KRW 50 million and the intermediate payment of KRW 30 million on December 5, 2013.

C. While the Defendant was performing the instant construction project in accordance with the instant contract, the construction was suspended on December 2, 2013, and the construction was resumed on December 5, 2013, but the construction was again suspended on December 15, 2013.

On April 2, 2014, the Plaintiff sent to the Defendant a certificate of content requiring the completion of the instant construction work by April 30, 2014, and each of the instant construction work again on April 10, 2014, demanding the completion by April 30, 2014, but the Defendant did not resume the construction work.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. According to the facts stated in the instant contract cancellation, the result of the appraisal commission to appraiser D, the fact-finding results, and the purport of the entire pleadings, the Defendant, while performing the instant construction in accordance with the instant contract, suspended construction on December 15, 2013 and discontinued construction until the time, was 45.857%, and the Plaintiff notified each of the Defendant to complete the instant construction by April 2 and April 10, 2014, and the fact that the Defendant failed to comply therewith is recognized.

Therefore, barring special circumstances, the Plaintiff acquired the right to rescind the instant contract on the grounds of the Defendant’s nonperformance, and on the grounds of the Defendant’s nonperformance.

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