(영문) 제주지방법원 2019.10.15 2017가단52568

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(영문) 제주지방법원 2019.10.15 2017가단52568

공사대금

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1. The Defendant (Counterclaim Plaintiff) paid KRW 15,375,00 to the Plaintiff (Counterclaim Defendant) for KRW 15,375,00 and for this, from March 25, 2017 to October 15, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Defendant’s land owned by the Defendant, who completed the registration of ownership transfer on December 29, 201, in the order of 2267 square meters (hereinafter “instant land”) prior to Seopopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

B. On September 21, 2015, the Defendant concluded the instant construction contract with the Plaintiff for the construction of the tourism accommodation facility in the ground E-dong, including the instant land No. 1 (hereinafter “instant construction”) with the terms of the construction cost of KRW 3,025,00,000 (including value-added tax) and the construction period from October 5, 2015 to June 30, 2016.

The general terms and conditions that constitute the terms and conditions of the instant construction contract are as follows.

Article 31 [Cancellation, etc. of Contracts A] (1) A may cancel or terminate all or part of the contract in cases falling under any of the following subparagraphs:

(2) The cancellation or termination of a contract pursuant to the provisions of paragraph (1) shall take effect by notifying B of the cancellation or termination of the contract when A fails to perform within the time limit after Party B notifies B of the period for performance in writing.

(3) B shall, upon receipt of the notice of cancellation or termination of the contract pursuant to paragraph (2), perform the following matters:

1. The relevant construction work shall be suspended without delay and all construction facilities, equipment, etc. shall be removed from the construction site;

Article 32 [Cancellation, etc. of Contract by Plaintiff] (1) B may cancel or terminate all or part of the contract in the case falling under any of the following subparagraphs:

(2) The provisions of Article 31 (2) and (3) shall apply mutatis mutandis to the case where the contract is rescinded or terminated under the provisions of paragraph (1).

Article 33 (Treatment at Time of Termination of a Contract) (1) When a contract is terminated under Articles 31 and 32, A and B shall, without delay, be the amount of construction work completed.

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