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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. Basic facts
A. On October 2012, A entered into a contract with the Plaintiff for construction of walls (hereinafter “instant construction”) among the new construction works of a tourist hotel, setting the construction cost of KRW 15,000 per square meter as KRW 15,00 per square meter.
B. A suspended construction work on January 8, 2013 while performing the instant construction work.
C. A was declared bankrupt on March 7, 2017, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5 through 7, purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion that A had the highest interest rate of 5.19% at the time of suspending the instant construction work. Thus, the defendant asserts that the defendant is obligated to pay the plaintiff the construction cost of KRW 91,063,50 for the portion that A performed (i.e., total construction cost of the agreement 165,00,000 x 5.19%) (i.e., the highest interest rate of KRW 73,206,000 for the total construction cost of the agreement x 5.19%) and the remainder of KRW 32,206,028 (i.e., 73,206,028 - KRW 41,00,000 for the electronic bill) and damages for delay.
As to this, the defendant asserts that A's existing rate of 20% was too excessive at the time of suspending the construction work of this case.
B. With respect to a construction work contract, even if the contract has been terminated and completed during the construction, if the construction is considerably advanced and its restoration to its original state has significant social and economic losses, and the completed part is beneficial to the contractor, the contractor is obligated to deliver the building to the contractor as it is invalidated and the contractor is obligated to pay reasonable remuneration for the building delivered in consideration of the origin and height of the building, etc. In such a case, the remuneration for the building not completed to be paid by the contractor shall be suspended from the contract amount based on the total construction cost agreed between the parties, barring special circumstances.