선급금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 6, 2016, the Plaintiff contracted a new construction project from Jongno-gu Office, and entered into a subcontract agreement with the Defendant on January 6, 2016, on the basis of a written estimate (hereinafter “written estimate”) with respect to the temporary installation and reinforced concrete construction among the said new construction works, with the construction cost of KRW 440,00,000.
(hereinafter “instant subcontract”). On January 28, 2016, the Plaintiff paid KRW 100,920,000 out of the construction cost of the instant subcontract to the Defendant. On the same day, the Defendant issued a tax invoice stating the Plaintiff as KRW 80,000,000 for each construction cost and KRW 20,920,000 for each of the said money.
On May 10, 2016, the Defendant: (a) drafted a written waiver of construction works, stating that “The construction cannot continue to be performed any longer due to the circumstances of the Defendant; (b) it may not continue to perform the construction works; and (c) the Defendant waives all the powers relating to the construction works, would not raise any civil or criminal objection; and (d) the Defendant shall be fully responsible at the
(hereinafter referred to as “instant refusal of waiver”). 【No dispute exists concerning the grounds for recognition, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 and 9, and the purport of the whole pleadings.
2. Summary of both claims;
A. Since the Defendant asserted that the Plaintiff waived all the rights to the construction by preparing the written waiver of the instant case, the Plaintiff is obligated to return the advance payment KRW 100,920,000 paid by the Plaintiff.
B. The Defendant asserted that the Defendant received only the amount equivalent to the material cost (provisional material cost) from the Plaintiff’s subcontract, and that the Jongno-gu Office, the ordering person, would directly pay the labor cost to the labor workers and would waive the remainder of the labor cost as the payment for the construction work.
Since the Defendant’s implementation of the instant subcontract by June 2016 supplied all construction materials, etc. to the Plaintiff at the construction site, there is no advance payment to be returned to the Plaintiff.
3. Determination.