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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 136,501.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. Nonparty C, the father of the Plaintiff, is the owner of the Gangnam-gu Seoul and E land (hereinafter “instant site”), and is the internal director of Nonparty F Co., Ltd (hereinafter “stock company”) for the purpose of construction business, etc.
B. On July 10, 2014, F entered into a contract with the Defendant under which the construction of “G hotel” (hereinafter “instant hotel”) on the instant site (hereinafter “instant hotel”) was set as KRW 5,600,000 (excluding value-added tax), July 31, 2014, and August 31, 2015 on the date of completion.
C. Since August 28, 2014 between the Plaintiff and the Defendant, each contract was concluded to change the contractor for the said contract into the Plaintiff, September 2, 2014, and September 30, 2015, respectively.
(hereinafter “instant contract”). D.
Since July 16, 2014, immediately after the conclusion of the contract with F, the Defendant commenced the instant construction work by starting the removal work of the “H building” on the instant site.
E. On November 28, 2014, the Plaintiff, while proceeding with the instant construction, sent a content-certified mail to the Defendant stating that “The Defendant would have been unable to proceed with the instant construction project because it was useful to make advance payments contrary to the contract,” and on December 3, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “The said contract shall be terminated because the grounds for termination stipulated in the instant contract have occurred,” and each of the above content-certified mail sent to the Defendant around the day of delivery.
F. Until November 28, 2014, the Defendant continued the instant construction before and after the discontinuance of the construction. On December 16, 2014, the Defendant sent to the Plaintiff an official letter and a written statement of accounts attached thereto, and the interest expected to have accrued from the instant construction.