(영문) 인천지방법원 2018.05.25 2017가단213301

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(영문) 인천지방법원 2018.05.25 2017가단213301

계약금반환등

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1. The Defendants are jointly and severally liable to the Plaintiff for 90,000,000 won and the interest rate of 15% per annum from February 15, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 6, 2016, the Plaintiff entered into a contract with Defendant B for construction of the access road and bridge installed on the access road and bridge installed on the Gangseo-gu Seoul Special Metropolitan City D (including value-added tax), KRW 12 million for the construction cost, KRW 40 million for advance payment, and the commencement date of the construction, October 10, 2016, and March 25, 2017 (hereinafter “instant construction contract”). Defendant C guaranteed all the contractual obligations owed to Defendant B to the Plaintiff.

B. According to the instant construction contract, the contractor may not request the change of the contract price or refuse the execution of the contract except for the change of design, price fluctuation, and the change of the terms and conditions of the contract, and the contractor may cancel or terminate the contract where the contractor fails to commence the construction even after the date of the commencement of the contract agreed without good cause. Where the contractor renounces the said construction due to a cause not attributable to the contractor, the contractor shall pay the contractor a penalty for breach of contract or the estimated amount of compensation for damages.

C. Around October 7, 2016, the Plaintiff paid KRW 40 million in advance to Defendant B.

However, Defendant B requested to increase the contract amount to KRW 570 million (or KRW 326,700,000) even though there was no reason to change the contract price agreed upon to the Plaintiff in the middle of January 1, 2017.

E. On January 19, 2017, the Plaintiff cannot accept a request for a unilateral increase of the above construction amount by content-certified mail to Defendant B. As such, the Plaintiff notified Defendant B of his opinion on the commencement of the instant construction works as soon as possible, and the said content-certified mail reached the Defendants around that time.

However, the Defendants did not commence the instant construction work until the date of the closing of the argument.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Gap evidence 6 and 7 respectively, 1, 2, 2.

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