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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On May 11, 2016, the Defendant and C Co., Ltd. (hereinafter referred to as “C”) concluded a contract for construction works with respect to new construction of accommodation facilities located in D, Seopo-si, Jeju Special Self-Governing Province (hereinafter referred to as “C”), the amount of KRW 2.5 billion for the construction work, the amount of KRW 1 billion for the advance payment, the amount of KRW 1 billion for the advance payment, the amount of KRW 500,000 upon completion of the aggregate construction works or for separate consultation, the remainder of KRW 500,000 after completion, the payment after completion, the date of commencement, and May 16, 2017.
Since then, the Defendant and C entered into an additional construction contract for file works, etc. in addition to the above construction works, and the construction cost is KRW 553,940,00 (excluding surtax) and the total amount of the additional construction cost was determined to be paid after completion (hereinafter collectively referred to as the “instant construction works”), and the completion completion date of the instant construction works was extended on November 30, 2017 when entering into the additional construction contract.
Among the "general terms and conditions of the private construction contract" attached to the instant construction contract, the main contents relevant to the allegations by the parties are as follows.
(1) A contractor may cancel or terminate all or part of a contract in any of the following cases:
2. Where it is evident that there is no possibility to complete the construction works within the completion date due to the reasons attributable to the contractor.
4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the contract terms and conditions.
Article 32 (Cancellation, etc. of Contracts by Contractor) (1) In cases falling under any of the following subparagraphs, a contractor may cancel or terminate all or part of a contract:
3. A contractor is justified.