용역대금 선급금 반환
1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from January 26, 2016 to the day of complete payment.
1. On June 19, 2015, the Plaintiff entered into a service contract with the Defendant to have the Defendant vicariously execute land purchase business for the implementation of the Daegu Suwon-gu Joint Housing Construction Project (hereinafter “instant service contract”); on the same day, paid advance payment KRW 300 million to the Defendant (hereinafter “instant advance payment”); and thereafter, the fact that the instant service contract was rescinded does not conflict between the parties.
According to the above facts of recognition, the defendant is obligated to return the advance payment of this case and damages for delay to the plaintiff by restoring the original state following the rescission of the service contract of this case, unless there are other circumstances.
2. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion (1) The substantial party to the instant service contract is D and the Defendant, and the Defendant returned the instant advance payment to D after the rescission of the instant service contract, so there is no obligation to return the instant advance payment to the Plaintiff.
(2) Even if the Plaintiff and the Defendant are recognized by the parties to the instant service contract, D, as the Plaintiff’s agent or expressed agent, was entitled to cancel the instant service contract and return the instant advance payment accordingly.
B. In full view of the following facts and circumstances, it cannot be deemed that the party to the instant service contract did not dispute between the parties to the judgment, or that the party to the instant service contract had the power of representation or right of representation to return the advance payment to D and the Defendant, or D, and thus, the Defendant’s assertion is without merit.
① The parties to the service contract of this case indicate “A” and “E” as “B and representative director: F” and at the time of the preparation of the service contract of this case.