beta
(영문) 서울동부지방법원 2015.08.28 2014가단121786

공사대금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 21,450,000 as well as 20% per annum from August 9, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a consultative body consisting of representatives from residents in the 277th generation of the non-academic apartment located in Seongdong-gu Seoul, Seongdong-gu, Seoul. In the bid conducted by the Plaintiff for “the Non-School 277-household 1”, the Defendant submitted a tender on March 4, 2014 (Evidence No. 1-A). On March 10, 2014, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant with the following content.

-construction works: Cracker repair and re-design of outer walls, - date of commencement on March 13, 2014; date of completion on April 20, 2014 - contract amount of KRW 71.5 million (including V.A.T) - Method of payment of the contract amount: 30% (payment within a week after the contract) of the total construction amount of the contract deposit; 50% of the total construction amount of the intermediate payments (payment at the progress of 70%) of the total construction amount of the intermediate payments; 20% of the total construction amount of the remainder (payment within a week after passing a completion inspection);

B. On March 12, 2014, the Plaintiff paid KRW 21,450,000 (a total construction amount; hereinafter “instant down payment”) to the Defendant pursuant to the said construction contract.

C. Around July 11, 2014, the Plaintiff requested the Defendant to submit a concrete and detailed specifications again, and there was a dispute between the parties, such as that the Defendant will perform construction works in accordance with the said specifications provided at the time of bidding. Ultimately, the Defendant sent a certificate to the Plaintiff that the instant construction contract will be terminated and reached the Plaintiff at that time, and around July 14, 2014, the Plaintiff sent a certificate to the Defendant that “The Plaintiff would commence construction works on the part of the Plaintiff, on the part of the apartment, on September 9, 2014, with the effect that “the Plaintiff would start construction works on the part of the Plaintiff, on the part of the apartment, on the part of the Plaintiff, on the part of the Defendant, on the part of the Defendant, and the Defendant sent a certificate to the effect that the instant

The Plaintiff filed the instant lawsuit seeking the return of the down payment of this case.

Grounds for recognition: Facts without dispute, Gap evidence 1 to Gap.