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Reasons
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(영문) 대전고등법원 2020.01.15 2018나12412
공사대금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 2,433,49,855 as well as March 2015 as to the plaintiff.

Reasons

1. Basic facts

A. On March 21, 2014, the Plaintiff entered into a construction contract with the Defendant for each of the construction works (hereinafter “instant construction contract”) with respect to the construction works for the construction of a complex facility building E (hereinafter “instant building”) on the land outside Jeju Special Self-Governing City and two parcels (hereinafter “instant construction”) (hereinafter “instant construction works”). The main contents relating to the rescission of the instant construction contract are as follows: (a) construction work cost of KRW 11,80,000,000 (excluding value-added tax); and (b) the construction period of between March 26, 2014 and March 25, 2015.

(A) The term “A” and “B” are the Plaintiff). [General Terms and Conditions of Contracts for Private Construction Works] Article 17 [Supplementary Construction Works] ① “A” may, in the event that there are parts not suitable for the design during the construction works executed by “B”, require correction thereof, and “B” shall comply without delay.

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

(2) The cancellation or termination of a contract pursuant to paragraph (1) shall take effect by giving written notice to “B” upon the failure to comply with the due date after setting the deadline for performance of the contract and giving written notice to “B.”

(3) The term "B" shall, upon receipt of the notice of cancellation or termination of a 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 33 [Handling at the time of termination of a contract] (1) When a contract is terminated under Articles 31 and 32, "A" and "B" shall without delay settle the construction amount of the completed portion.

B. The Plaintiff and the Defendant entered into the instant contract on August 14, 2014.

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