(영문) 광주지방법원 2018.07.10 2016가단23118

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Reasons

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줄 간격

자간(%)

(영문) 광주지방법원 2018.07.10 2016가단23118

물품대금

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B;

(a) 71,278,224 Won and 36,398,384 Won among them;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts without dispute;

A. On September 14, 2015, the Plaintiff concluded a construction contract for the construction of a church building (the construction period: from September 14, 2015 to February 15, 2016; the total construction price of KRW 600 million; and the down payment of KRW 60 million, when entering into a contract, the payment for the first completed portion of KRW 120 million and KRW 120 million for the second completed portion of KRW 20 million on October 30, 2015; the remainder of KRW 30 million on December 20, 2015; and the completion of the second completed portion of KRW 30 million on December 20, 2015; hereinafter “instant construction contract”).

B. By April 2, 2016, the Defendant church paid the Plaintiff the sum of KRW 230,700,000 as the down payment and the progress payment, and the Plaintiff suspended the instant construction work on April 11, 2016, where the structural construction was underway.

2. Claim for the cost of construction related to filing a claim for objection and claim for return of unjust enrichment;

A. The parties’ assertion (1) Defendant C, the representative of the Plaintiff church, has promised several times to guarantee the payment of the construction cost.

However, the construction was suspended because the payment for the completed portion was not made at the time the defendant church and the defendant C promised.

The Defendants shall pay the costs corresponding to the performance of the construction works that the Plaintiff had progress.

Since the term of the instant construction work amounts to 54%, the Defendants are obligated to pay 9,33 million won [324,00,000 won (60 million wonx 0.54), - 230,700,000 won] to each Plaintiff.

(2) Defendant C has not promised to guarantee the payment of construction cost.

The Plaintiff and the Defendant church agreed to pay the progress payment when the construction site is loaned as collateral according to the loan schedule determined according to the progress of the construction work, and the Defendant church received the loan according to the above agreement and paid the progress payment as claimed by the Plaintiff.

The plaintiff unilaterally suspended construction works without finishing the agreed construction period.

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