beta
(영문) 부산지방법원동부지원 2019.02.18 2017가단204980

선급금 반환 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs jointly operate a business entity of F, “E” under the mutual name of “E” (hereinafter “instant electric power resource housing”) at the D when they were married to the couple.

B. On July 21, 2016, the Plaintiffs determined the construction period as KRW 780,00,000 (in advance, KRW 78,000,000 shall be the due date of July 21, 2016; KRW 312,00,000 shall be the due date of August 20, 2016; KRW 390,000,000 shall be the remainder of KRW 390,00 after completion of the construction; and the construction period shall be from July 21, 2016 to October 31, 2016; and the construction period shall be from July 21, 2016 to the payment of KRW 70,00 to the Defendant as advance payment (hereinafter “instant construction contract”); and thereafter, the construction period shall be paid to the Defendant as advance payment on July 26, 2016.

C. On December 16, 2016, Plaintiff B sent to the Defendant a certificate of content that returned advance payment of KRW 78,000,000 and compensate the Defendant for damages incurred due to the nonperformance of the instant construction contract.

On August 26, 2017, a copy of the complaint of this case containing the plaintiffs' intent to terminate the construction contract of this case on the grounds of the defendant's default was served on the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, significant facts in this court, purport of the whole pleadings

2. Determination as to the cause of action

A. (1) At the time of entering into the instant construction contract, the Plaintiffs and the Defendant agreed to complete the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior decoration work of the instant electric source housing (hereinafter “the instant sampling construction”) (hereinafter “instant sampling construction”) among the instant unit housing with a total of 30 square, 40 square, and 50 square, in preference to the Defendant’s advance payment KRW 78,00,000,000, which the Defendant received from the Plaintiffs. At the time of entering into the instant construction contract, the Defendant agreed to complete the instant sampling construction work on September 2016 upon the Plaintiffs’ continued demand.