beta
Text
1. The Defendant’s KRW 110,183,194 for the Plaintiff and KRW 6% per annum from May 3, 2018 to June 21, 2019.
Reasons
1. Facts of recognition;
A. On April 28, 2017, the Defendant was an autonomous management body organized for the management of the apartment complex B located in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant apartment complex”). On April 28, 2017, the Defendant issued a public announcement of tender to select a construction business entity in relation to the crack-heating and repairing of the outer wall of the instant apartment complex and the re-design construction of the apartment complex (hereinafter “instant construction”).
B. On August 18, 2017, the Plaintiff received the notice of successful bid by bidding, and on October 21, 2017, the date of completion between the Defendant and the Defendant, the contract amount shall be KRW 141,460,000, and the contract amount shall be KRW 20% of the total contract amount (payment within one week after the contract) and the intermediate payment: 50% of the total contract amount (payment within 60%) and the balance: 30% of the total contract amount (payment within one week after passing a completion inspection) (hereinafter “instant contract”).
around that time, the Plaintiff received down payment of KRW 28,292,00 from the Defendant.
C. Meanwhile, Article 28 (Cancellation, etc. of Contracts by the Plaintiff) of the General Conditions of the said contract provides that “the Plaintiff may cancel or terminate all or part of the contract in any of the following cases,” and subparagraph 3 thereof provides that “Where the due date for the Defendant’s payment of down payment, etc. has expired”.
As from August 21, 2017, the Plaintiff filed a claim with the Defendant for KRW 70,730,000, which is 50% of the total construction cost, on the ground that the instant construction work had been carried out as of October 16, 2017, and had been carried out more than 60% of the total construction cost, but did not pay it on the ground that the Defendant could settle with his written opinion, etc., the Plaintiff sent a content certification to the Defendant on November 8, 2017, and notified the termination of the contract pursuant to Article 28-1(1)3 of the instant contract, and the said content certification reached the Defendant on November 9, 2017.
E. The Defendant, on May 2, 2018, resumes the construction process to the Plaintiff.