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1. The part on a claim for delivery of documents and the part on a claim for indirect compulsory performance by the plaintiff (Counterclaim defendant) shall be dismissed respectively.
2...
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On December 27, 2016, the Plaintiff entered into a construction contract between the parties (i) a house on the ground of Defendant B and Busan Shipping Daegu E on December 27, 2016 (hereinafter “E Housing”).
The construction period for new construction works is from December 1, 2016 to May 31, 2017; the construction cost is KRW 924,501,00 (including value-added tax) and the compensation for delay is at least 0.1% of the construction cost per day for each contract; and the construction contract for the construction works at each contract period (hereinafter “instant contract for construction works”).
(2) On June 16, 2017, Defendant C guaranteed the contractor’s debt under the instant E contract for construction work against Defendant B. In addition, on June 16, 2017, the Plaintiff entered into a contract for construction work that newly constructs housing (hereinafter “G housing”) on the land of Defendant B and Busan-gu, and on the land of two parcels (hereinafter “B”); the construction period from June 19, 2017 to November 18, 2017; the construction cost was KRW 310,00,000 (including value-added tax); the compensation for delay was 0.1% of the construction cost per day; the contract for construction work was concluded on September 7, 2017 with Defendant B and the contractor under the said contract for construction work was 289,500,000, and the modified contract for construction work (hereinafter “the instant contract for construction work”); and the contract for construction work was modified to Defendant B’s debt for each of the instant construction work.
B. Defendant B’s discontinuance of construction works and the Plaintiff’s rescission of each of the instant construction contracts, but did not complete the construction by the completion date of each of the instant construction contracts, and the Plaintiff’s rescission of each of the instant construction contracts to Defendant B around November 24, 2017.