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(영문) 대구지방법원안동지원 2015.04.27 2014가단5326

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2013, C Co., Ltd. (hereinafter “C”) whose representative is the Plaintiff entered into a contract with the Defendant to newly construct a warehouse on the ground D in the East Sea.

Among the contracts (Evidence A(Evidence A(2)) written at the time, the contents relating to this case are as follows:

(hereinafter referred to as “instant construction project,” “instant construction contract,” and “instant contract,” 1. A project owner: E representative B (Defendant)

2. Construction name: New construction of D warehouse;

3. The construction place: D in the same year; and

4. Commencement of a construction period: The contract price on July 31, 2013: KRW 280,000 (280,000,000) for the daily gold sale on July 35, 2013.

(a) Value of supply: KRW 280,000,000 ( KRW 280,000); and

(b) Additional tax: A separate tax;

(c) Total amount:

6. Payment and adjustment of the price: The owner of a building shall make the payment of the price as follows in order to ensure the smooth construction work:

(b) The first intermediate payment: The date on which civil engineering works commence after removal works (50 percent of the contract amount);

(c) Second intermediate payments: Before the steel framed works in warehouses and the establishment of committees (30% of the contract amount);

(d) Balance: Cash payment after the completion of construction (10 percent of the contract amount);

B. C performed the instant construction pursuant to the instant contract, and the Defendant paid a total of KRW 252,00,000 on six occasions from April 12, 2013 to June 14, 2013 as the construction price.

C. Meanwhile, around July 2013, C and the Defendant were dissatisfied with the issue of payment of additional construction cost, and C ceased the instant construction work around that time.

Accordingly, on August 31, 2013, the Defendant notified C of the rescission of the instant construction contract.

On September 9, 2013, the Defendant filed a lawsuit against Chuncheon District Court Gangnam Branch C to return KRW 30 million exceeding the flag payment out of the construction payment that C paid to the Defendant, only 70% of the flag payment as of the date of discontinuance of the instant construction work.