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1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff's successor (appointed parties) and the designated parties shall be revoked.
Reasons
1. Basic facts
A. On November 7, 2011, the Plaintiff entered into a contract with the Defendant for construction work with the content that the Defendant would build a parts factory B operated by the Defendant on the land of Samsung-si (hereinafter “instant construction work,” and the said contract for construction work is referred to as “instant contract”). The main contents are as follows.
The scheduled completion date: 2,160,000,000 won (excluding value-added tax) for delay on May 30, 2012: 3/1000
B. On March 5, 2012, the Plaintiff and the Defendant concluded a modified contract with the effect that the completion date of the instant contract will be delayed on June 30, 2012, taking into account the reasons for the delay due to the interference with access to the construction site, additional construction, etc., and that the construction cost should be increased to KRW 2,184,00,000 (excluding value-added tax).
C. As the Plaintiff failed to complete the instant construction before the completion date of the instant construction project, the Defendant urged the Plaintiff to complete the construction on August 22, 2012, and the Defendant cancelled the instant contract on November 14, 2012 when the completion was delayed despite the demand notice. The notice of cancellation reached the Plaintiff at the time.
The Plaintiff received a total of KRW 1,728,100,000 from the Defendant for construction costs and value added tax based on the instant contract.
E. Meanwhile, the Plaintiff entered into a contract for construction works with D, E, and E, and around March 2013, the Plaintiff transferred KRW 50,000,000 to the Intervenor’s successor to the Plaintiff, KRW 60,510,160 to the Appointed Co., Ltd., the Appointed Co., Ltd., the amount of KRW 11,00,000 to the Appointed Co., Ltd.’s national fire-fighting, the amount of KRW 15,00,000 to the Appointed Co., Ltd., the Selected Co., Ltd., and KRW 25,00,000 to the Appointed Co., Ltd., Ltd., and KRW 60,000,000 to the Appointed Co., Ltd., Ltd. on March 20, 2013. The notice of transfer was notified to the Defendant on March 21, 2013.
[Ground of recognition] Unsatisfy, Gap evidence 2-1, 2.