beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On June 8, 2013, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, setting a construction period from June 10, 2013 to November 30, 2013 with respect to the installation of heating pipeline (hereinafter “instant construction”) among the new construction works of the south-gu Seoul-gu multi-family housing (hereinafter “instant construction works”) as KRW 50,000,000 of the construction amount (excluding value-added tax).
B. Around that time, the Plaintiff commenced the instant construction, and continued the construction until January 22, 2014, but suspended the construction without completing the construction.
C. The Defendant paid the Plaintiff KRW 12,00,000 in total as construction cost under the instant construction contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 9, and 10, the purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion that the construction work in this case was discontinued is 53.294%, and the Plaintiff’s assertion that the construction work in this case was discontinued is 26,647,000 won (i.e., agreed construction cost of KRW 50,000 x 53.294%).
Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 14,647,00 (=26,647,000 - 12,00,000) and delay damages.
B. In a case where the judgment contractor is required to settle construction costs due to the rescission of the construction contract with the failure to complete the construction work, such construction costs are based on the agreed total construction cost between the parties, barring special circumstances, such as a separate agreement or agreement, and thus, the contractor’s amount at the time of discontinuance of the construction work.
Here, the ratio of the work cost already completed is the ratio of the expenses already incurred in the completed part of the total construction cost to the total construction cost that will be incurred in completing the non-construction part.
(see, e.g., Supreme Court Decision 2010Da9597, Jul. 8, 2010). The instant case is a health unit and the Plaintiff’s side.