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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 3, 2019, the Plaintiff received a contract from the Defendant for the construction cost of KRW 473,00,000 and the construction period of KRW 5,00 from July 5, 2019 to December 5, 2019.
(hereinafter “instant contract”). According to the instant contract, the Defendant paid 94,600,000 won to the Plaintiff as down payment on July 3, 2019.
Article 5 (Site Agent) (1) The plaintiff shall appoint a field agent before the commencement of the construction and notify the defendant thereof.
Article 6 (Predetermined Process Table and Construction Price Statement) (1) The Plaintiff shall submit to the Defendant the schedule of work progress and the detailed statement that are prepared based on the design documents from the conclusion of the contract to the submission of the report of commencement
Article 26 (Cancellation, etc. of Contracts by Defendant) (1) In cases falling under any of the following subparagraphs, the Defendant may cancel or terminate all or part of the contract:
1. Where the plaintiff fails to commence construction even after the date for commencement agreed upon without any justifiable reason elapses;
B. The main contents of the instant contract related to the instant case are as follows.
C. On July 8, 2019, the Defendant paid only KRW 59,600,00 as down payment to the Plaintiff.
On August 27, 2019, the Defendant sent to the Plaintiff an e-mail stating that “The construction work has not been commenced entirely for two months after the instant contract was concluded, and there seems to be no possibility of completing the construction work until the completion date stipulated in the instant contract.” The Defendant requests opinions as to how to overcome the current situation and as to whether the completion schedule is complied with.”
In addition, the Defendant notified the Plaintiff of the termination of the instant contract on September 5, 2019 and October 14, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant shall pay to the plaintiff 35,00,000 [=94,600,000 - 59,600,000 won] out of the down payment under the contract of this case.