예치금반환
1. The judgment of the court of first instance is modified as follows.
A notary public of the defendant against the plaintiff on December 2016 by C.
1. Facts of recognition;
A. 1) The Plaintiff is a contractor who has been awarded a contract for the construction of a high-class glass room by the Defendant as a company aimed at the construction business of metal structure. 2) The Defendant is a contractor who has awarded a contract for the new construction of a high-class glass room to a company engaged in crops cultivation business, etc.
The F Co., Ltd. (hereinafter referred to as the “F”) is a corporation of which M as its representative director is the defendant's representative director.
3) The Intervenor is the Netherlands corporation that exported high-tech greenhouse materials used to the Plaintiff. The Intervenor filed a claim attachment and assignment order with the Jeonju District Court Decision 2018TTTTTTTTE 200 million won against the Plaintiff as to the Plaintiff’s right to claim reimbursement of KRW 320 million out of the Plaintiff’s right to claim reimbursement of deposit and damages for delayed payment, and received an order from the above court on November 26, 2018 for the attachment and assignment order of the claim from the above court. The attachment and assignment order of the claim was served on November 30, 2018 on the Defendant, who is the garnishee, and on December 10, 2018, on the Defendant, the debtor, who is the debtor, and on December 18, 2018 (hereinafter “instant claim attachment and assignment order”).
B. (1) On April 23, 2015, D group notified the Defendant that it was determined to be eligible for support for the high-tech glass room construction project with a subsidy of KRW 6 billion.
2) The Plaintiff’s representative director, following mutual consultation, such as giving and receiving the drawings and specifications concerning the construction of M and Advanced glass greenhouse, the Plaintiff entered into a construction contract with the Plaintiff on July 9, 2015, with a total floor area of 16,499 square meters (i.e., greenhouse 15,584 square meters) (i., “the first construction contract”; hereinafter referred to as “the first construction contract”).
(i)the value of supply of KRW 11,285,00,000 (including value-added tax), 5,642,50,000 (including value-added tax) intermediate payment (including value-added tax) of KRW 4,514,00,000 (including value-added tax).