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1. The Defendant’s KRW 6,891,201 as well as the Plaintiff’s KRW 5% per annum from June 16, 2015 to August 30, 2017, and thereafter.
Reasons
1. Basic facts
A. On May 6, 2015, the Plaintiff and the Defendant concluded a remodeling construction contract (hereinafter “instant contract”) with respect to the three-story commercial buildings and housing buildings located on the ground (hereinafter “instant building”) owned by the Plaintiff, setting the construction period to June 15, 2015, as the construction cost of KRW 80,000,000 (value-added tax separate).
B. Under the instant contract, the Defendant commenced the instant construction work on May 7, 2015, and the Plaintiff paid the Defendant KRW 5,000,000 in total according to the construction process between May 7, 2015 and May 26, 2015.
C. As the Defendant was unable to complete the instant construction by June 15, 2015, which was designated as the closing date of the instant construction, the Plaintiff sent a content-certified mail to the Defendant on June 15, 2015, and the said mail reached the Defendant around that time, and the Defendant immediately suspended the construction.
After that, the Plaintiff had another construction business operator complete the instant construction work from July 10, 2015 to August 21, 2015.
[Ground for Recognition: Facts without dispute, Gap 1-3 evidence, Gap 7 evidence, Eul 1-2 evidence, the purport of the whole pleadings]
2. Determination:
A. According to the facts of recognition as above, although the Plaintiff did not set a reasonable period and notified the Defendant on June 15, 2015, it immediately notified the Defendant of the rescission. However, inasmuch as the Defendant who received the notification of cancellation ceases construction without disputing it, it is reasonable to view that the instant contract was lawfully rescinded by the Plaintiff’s notification of cancellation on June 15, 2015.
B. (1) Determination as to the claim for return of advance payment x 6.50% of the fixed construction cost x 66.50% of the fixed construction cost x 66.50% of the fixed construction cost.