(영문) 서울북부지방법원 2019.12.12 2017가합21477

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(영문) 서울북부지방법원 2019.12.12 2017가합21477

공사대금

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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. The Defendant and C Co., Ltd. were contracted with the Yangcheon-gu Seoul Metropolitan Government Office for the “E Corporation” on the D ground, and on December 27, 2013, concluded a contract with the Plaintiff for the construction cost of reinforced concrete construction works during the said construction (hereinafter “instant construction works”) from December 30, 2013 to July 31, 2014.

(hereinafter “instant contract”). (b)

On August 13, 2014, the Defendant sent to the Plaintiff a notice of termination of the contract stating that “the instant contract is terminated on the ground of the Plaintiff’s nonperformance of contract,” and the Plaintiff suspended the instant construction.

C. up to the suspension of the instant construction work, the Defendant paid the Plaintiff a total of KRW 470,776,000 as construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-1 and 2-2, the purport of the whole pleadings

2. Determination

A. Although the Plaintiff spent a total of KRW 715,630,721 as construction cost in relation to the instant construction project, the Defendant paid only KRW 470,776,00 as construction cost to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 244,854,721 calculated by subtracting the amount paid by the Defendant from the total amount paid by the Plaintiff. Of them, the Defendant is obligated to seek payment of KRW 50,00,000 and delay damages.

B. Determination 1) In the event that a construction contract is rescinded or terminated due to a contractor’s nonperformance, the remuneration to be paid by the contractor shall be governed by the circumstances where there are special circumstances, such as the existence of an agreement on remuneration for the part of the contract, and, barring such circumstances, the amount applying the rate of time and time to the total construction cost agreed between the parties is not the actual cost of the contractor’s payment (see, e.g., Supreme Court Decision 2014Da11574, 11581, Jan. 12, 2017). Furthermore, the burden of proof of special circumstances, such as the agreement on the rate of time and method of calculating the amount of progress payment, is attributable to

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