선지급금반환 등
1. The Defendants jointly and severally committed against the Plaintiff KRW 49,520,000 and Defendant B from March 7, 2017 until December 5, 2017.
1. Basic facts
A. Nonparty D’s status as a party is an association established to carry out a regional housing association project in the Eth of South Yangyang-si.
The plaintiff is a legal entity that entered into the above agency contract with the above union, and the defendants are the individual entrepreneurs engaged in the removal business, etc. with the trade name of F as the couple.
B. (1) On January 31, 2013, the Plaintiff and Defendant B agreed to receive the remainder of KRW 15,000,000 from March 20, 2013 to April 20, 2013, the construction period of construction from March 20, 2013 to April 20, 2013, and the construction cost of KRW 300,000,000 at the commencement of construction.
The Defendants started removal around August 2013 and completed 3,154 square meters of total construction area among 5,832 square meters.
C. (1) On September 4, 2014, the Plaintiff and Defendant B agreed to change the construction cost from KRW 300 million to KRW 250 million on September 4, 2014; the accounts payable shall be KRW 155,000,000; the second intermediate payment of KRW 90,000 shall be paid on September 4, 2014; the remainder shall be paid within one month after the remainder work; the second intermediate payment of KRW 49,520,000 shall be deemed to include advance payment; and if the removal work is not carried out, the advance payment shall be returned.
B. At the time, Defendant C confirmed that advance payment of KRW 49,520,000,000, out of the second intermediate payment of KRW 90,000,000, was deposited, and promised to assume the responsibility for and implement the remaining construction according to the progress of the partnership’s business.
Consolidated, the Plaintiff transferred the second intermediate payment of KRW 90 million to the Defendants on September 5, 2014 with the approval of the non-party international trust company, a trust company of the Plaintiff.
On March 3, 2017, the Plaintiff terminated the contract for the part of the removal work excluded from the partnership’s business site, and demanded the Defendant to return advance payment KRW 49,520,000.
【Evidence Class 1, 2, 3, 6, 11
2. The Plaintiff’s judgment on the cause of the claim is the cause of the claim.