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(영문) 서울남부지방법원 2013.09.27 2013가합3201

공사대금반환

Text

1. As to the Plaintiff’s KRW 264,00,000 and KRW 154,000 among them, the Defendant shall start on July 10, 2012, and the remainder 110,000.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of manufacturing machinery and appliances, etc. in connection with heating and thermal works. The Defendant is a company engaged in the business of measuring and controlling heat combined power generation facilities, designing and construction business, and automatic control system manufacturing business, etc.

B. On November 29, 201, the Plaintiff entered into a contract for the purchase of auxiliary boilers for the 5, 6th period of interest in the interest of the Republic of Korea (hereinafter “the purchase of the instant goods”) with the Korea Nam-dong Development Co., Ltd. (hereinafter “Korea Nam-dong Development”).

C. On July 2, 2012, the Plaintiff entered into a contract with the Defendant to subcontract the entire part of the purchase contract of this case to the Defendant. The said subcontract contract was subsequently modified once the payment period for the goods.

(2) On July 2, 2012, to March 15, 2013, the contract amount of KRW 770,000 (value of value-added tax of KRW 70,000,000, value-added tax of KRW 700,000): Contract amount, KRW 20, the intermediate payment of KRW 35%, the intermediate payment of KRW 35%, the remainder payment of KRW 10%, and the amount of KRW 10%, the amount of construction work: by November 10, 2012, the supply and installation of a electric mooring place - the supply and installation of a electric mooring place: the payment of KRW 770,00,000 (value of KRW 700,000,000: value-added tax of KRW 700,000: KRW 35,00,000: by November 10, 2012.

D. The purpose of the instant subcontract is to produce and deliver the pre-contract in accordance with the technical specifications attached to the purchase contract of this case to the Plaintiff, and the main contents thereof are as follows.

E. On July 10, 2012, the Plaintiff paid the Defendant the down payment of KRW 154,000,000 ( KRW 770,000,000 x 20%) under the instant subcontract contract. On October 12, 2012, the Plaintiff paid the Defendant KRW 110,000,000, which is a part of the intermediate payment under the said contract.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, 10, Eul evidence 1, Eul evidence 4-1, 2, and Eul evidence 11.