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1. The Defendant: KRW 71,922,510 for the Plaintiff and KRW 5% per annum from October 20, 2015 to April 26, 2017; and
Reasons
1. Facts of recognition;
A. On May 14, 2015, the Plaintiff entered into a construction contract with the Defendant on July 30, 2015 (hereinafter “instant construction contract”) with the content that: (a) the completion date of the completion of the instant construction project for the construction works for the land A and B (hereinafter “instant construction works”); (b) KRW 462,00,000 for the construction work; (c) KRW 40% for the advance payment; (d) 30% after confirmation of the completion of the steel works; and (e) 30% at the time of completion of the completion inspection (hereinafter “instant contract”).
The terms and conditions of the contract for private construction works attached to the contract of this case are as follows.
Article 10 (Advance Payment) (1) A shall pay advance payment to B in accordance with the terms and conditions set forth in the contract, and where A requests submission of a letter of guarantee at the time of advance payment, B shall submit a certificate of guarantee issued by a guarantee agency falling under any subparagraph of Article 4 (2).
(5) “A” may claim the return of the relevant advance payment balance in any of the following cases. (1) If a contract is rescinded or terminated on January 1, 2015, Article 31 (Cancellation, etc. of Contract A) (1) In any of the following cases, A may cancel or terminate the contract in whole or in part. 1. In a case where B does not commence the construction even after the date for commencement agreed upon without justifiable grounds has elapsed, and the period for performance under the provisions of paragraph (1) has been fixed and notified in writing to B, the cancellation or termination of the contract shall take effect upon notification to B when A fails to perform the contract within the specified period after the notice was given to B in writing. (2) On May 19, 2015. The Plaintiff paid advance KRW 184,800,000 to the Defendant on July 1, 2015.
On July 8, 2015, the Defendant notified the Plaintiff of the content that “the instant construction project was not carried out due to the owner of access roads to the instant construction site.”