약정금 반환 청구의 소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
In the judgment of the court of first instance, "2. Costs of lawsuit"
Basic Facts
A. The plaintiff is a company that operates the waterworks and sewerage equipment construction business, and the defendant is a company that operates the civil engineering and construction business, and C is the father of D who is the representative director of the plaintiff.
B. On November 30, 2018, the Plaintiff issued each of the revised electronic tax invoices (hereinafter “each of the instant electronic tax invoices”) on the total amount of KRW 24,00,000,00 (i.e., the supply value of KRW 21,818,182) and the total amount of KRW 2,181,818,818) on December 4, 201 of the same year (i.e., the supply value of KRW 12,880,000) (i.e., the supply value of KRW 12,80,000) as the Defendant.
1 E 1 E 1, 200,282,902 F 2, 765,628,000 on Oct. 1, 2016, 2003 G 3, 2016. < Amended by Presidential Decree No. 28690, Dec. 255, 16, 2017; Presidential Decree No. 28900, Jan. 16, 2018>
C. The Defendant was awarded a successful bid in the following order among the bid for construction works ordered by Incheon Metropolitan City.
I, the representative director of the defendant, remitted the sum of KRW 9,00,000 on November 23, 2016 to the national bank account of the above D, KRW 1,000,000 on the same month, KRW 24.26.5,00,000 on the same month, and KRW 20,000,000 on the 30.5,000,000 on the same month (= KRW 9,000,000 on the 1,000,000, KRW 5,000,000 on the 5,00,000,000 on the Plaintiff’s post office account on January 22, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The defendant asserts to the effect that the plaintiff does not have standing to sue since the party who entered into an agreement with the defendant to pay fees for construction works, or the party who paid the above fees, is not the plaintiff, not the plaintiff.
However, in a lawsuit for performance, a person who asserts himself/herself as the person entitled to claim performance has standing to sue and is claimed as the person responsible for performance, and therefore, he/she is qualified as the party itself.