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Reasons
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(영문) 의정부지방법원 2017.12.12 2017가단4003
공사대금 및 손해배상
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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 November 15, 2016, the Defendant entered into a contract with A to set the construction period from November 16, 2016 to January 25, 2017, and the construction cost of KRW 850,000,000 for the C Hospital relocation construction work within the Dongdaemun-gu Seoul Metropolitan Government Ground Building B (hereinafter “instant building”).

B. On November 18, 2016, the Defendant entered into a contract (hereinafter “instant contract”) with the Plaintiff to enter into a contract with the Plaintiff to set up two unit elevator installation works (hereinafter “instant construction works”) from November 18, 2016 to January 20, 2017, and the construction cost of KRW 4,290,000 (including value-added tax. KRW 12,870,000,00 for the first installment payment of KRW 21,450,00 for the first installment payment at the time of commencement of construction, and to enter into a contract with the Plaintiff to enter into a contract (hereinafter “instant contract”).

C. The Defendant paid 12,870,000 won to the Plaintiff on the date of conclusion of the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Although the Plaintiff sought to carry out the instant construction in accordance with the instant contract, the Plaintiff’s summary of the Plaintiff’s assertion was unable to carry out the construction before the removal of the said part in the passage walls of the first floor. On January 5, 2017, the instant construction was not carried out since the 1st elevator repair work was in progress.

In addition, on January 18, 2017, the Plaintiff could not proceed with the instant construction due to interference with the Defendant’s refusal of construction period extension, etc., although the Plaintiff stored materials at the construction site of this case and input the installation manpower of an elevator.

Therefore, the Defendant is obligated to pay to the Plaintiff the first progress payment of KRW 21,450,00 and the down payment of KRW 4,50,000,00, which the Plaintiff paid to the elevator installer at the time of the commencement of the construction work of the instant contract.

3. Determination

(a) Claim for the first progress payment of KRW 21,450,000;

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