beta
Text
1. Of the instant lawsuits, the part on the claim for the payment of KRW 39,119,452 and damages for delay shall be dismissed.
2. The plaintiff.
Reasons
1. Basic facts
A. On January 10, 2018, the Plaintiff entered into a contract with the Defendants for construction works (hereinafter “instant contract for construction works”) with respect to D-based buildings (Class II neighborhood living facilities, multi-households (multi-households), the contract amount of KRW 90,000,000 (including value-added tax) for the instant construction works, from January 16, 2018 to April 30, 2018, with the term of payment of the contract amount as specified in the following table.
After completion of 25% of the remainder after the completion of 25% of the remainder after 30% of the intermediate payment at the time of a contract for 20% of the installment payment (including value-added tax) contract;
B. Under the instant construction contract, it is stated that the construction cost shall be increased by 20,000,000 if the ground reinforcement work among the instant construction works is changed from the basic construction method to the file reinforcement work as stipulated in the special agreement. The Plaintiff changed the construction cost to the actual file reinforcement work.
C. On January 16, 2018, the Plaintiff started and continued the instant construction and completed the structural construction on September 11, 2018 (the height ratio of the structural frame 9.19% excluding the non-construction portion of the underground floor machinery).
The Defendants asserted that even if 160 days have elapsed since April 30, 2018, when the Plaintiff requested the payment of unfair additional construction cost, delayed the progress of construction and completed the instant construction work, the instant construction work was suspended without proceeding. On October 10, 2018, based on Article 31(1)2 of the instant construction contract, the Defendants sent a mail stating the cancellation of the instant construction contract on the grounds that the Plaintiff is not likely to complete the construction work within the due date.
E. The Defendants: (a) paid the Plaintiff construction price of KRW 150,000,00 on January 15, 2018; (b) KRW 30,000,000 on January 18, 2018; and (c) KRW 10,000 on January 25, 2018; (b) KRW 8,000,000 on January 25, 2018; and (c) KRW 11,00,000 on April 12, 2018; and (d) KRW 22,00 on May 31, 2018.