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(영문) 광주지방법원 2020.06.10 2018나62507
공사대금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim that was modified by this court, is modified as follows.

Reasons

1. Facts of recognition;

A. On July 2017, the Plaintiff entered into a contract for construction work with the Defendant and the Gwangju Seo-gu Arts Center “D” (hereinafter “D”) for the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works (hereinafter “instant construction site”) (hereinafter “instant construction contract”) for construction works until August 5, 2017 (hereinafter “instant contract”).

B. The Defendant paid the Plaintiff KRW 26,800,000, which is a part of the construction cost as above.

C. On August 3, 2017, the Defendant: (a) around August 3, 2017, at the instant site, controlled the entry due to the fear of theft, loss, or damage; (b) attached a notice to the construction staff; (c) controlled the Plaintiff’s entry into the instant site.

On October 5, 2017, the Defendant concluded a new construction contract with a construction business operator for interior interior interior interior interior interior interior interior interior interior interior of the instant site, and had the said construction business operator complete the remainder of the construction.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 6 (including various numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant contract was rescinded upon the Defendant’s rejection of receipt. As such, the Defendant shall pay the Plaintiff the construction cost at the rate of the base value at the time of the rescission of the instant contract. (2) On the other hand, the Plaintiff, through a specialized company, ordered and manufactured glass, furniture, lighting, and brushes to set up the instant site. However, due to the Defendant’s rejection of receipt, it was not established at the instant site. The Plaintiff partially paid to the said specialized company or bears the credit obligation, and the Defendant shall compensate the Plaintiff for damages equivalent to the above price and the credit debt.

B. The Defendant’s assertion 1 is attributable to the Plaintiff, including the Plaintiff’s voluntary suspension of construction work around August 3, 2017.

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