1. 원고와 피고 사이의 2013. 5. 2.자 제주 리쳄블 콘도미니엄 건축공사에 관한 도급계약과...

1. Basic facts

가. 원고는 2013. 5. 2. 피고와 사이에 원고가 피고에게 제주시 북제주군 애월읍 납읍리 산2-1 외 일원 소재 제주 리쳄블콘도미니엄 건축공사(이하 ‘이 사건 공사’라 한다)를 공사기간 2013. 5. 2.부터 2015. 5. 30.까지, 공사대금 44억 원(부가가치세 포함)으로 정하여 도급하는 내용의 계약(이하 ‘이 사건 도급계약’이라 한다)을 체결하였다.

The main contents of the instant contract agreement are as follows.

Article 5 (Written Termination of Construction and Waiver of Construction) ① The Plaintiff and the Defendant agree that the contract may be terminated if the Defendant considers that the construction of this case may no longer be completed due to other circumstances of the Defendant when it is no longer possible to suspend or proceed with the construction of this case for more than 10 days after the conclusion of the contract of this case.

④ In preparation for the contents of the above paragraphs (1), (2) and (3), the defendant shall submit to the plaintiff a letter of waiver of the contract, and shall replace it with the letter of waiver of the contract submitted at the time of the contract without submitting a separate letter of waiver of the contract where the plaintiff is notified of the termination of the construction in this case

Article 7 (Methods of Payment for Construction Works) (1) 30% in cash, and 70% in lots (in the case of a substitute, condominium membership) shall be paid separately after the commencement of the construction of this case by mutual agreement between both parties.

B. On May 2, 2013, the Defendant drafted and delivered to the Plaintiff a letter of waiver of construction works as follows (hereinafter “instant letter of waiver of construction works”) in accordance with the said special agreement.

1. The defendant is no longer able to continue the construction work and other operations of this case due to dishonor, bankruptcy or other inevitable causes, and waives his status as the contractor;

3. In the event that the Plaintiff bears the obligation to guarantee, I have to undertake all the responsibility to the Defendant.

In addition, the contract contents and other contents related to the contractor are included.