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(영문) 서울동부지방법원 2017.11.08 2015가합106699

구상금 반환 청구의 소

Text

1. The Defendant’s KRW 50,408,689 as well as the Plaintiff’s annual rate of 6% from May 31, 2017 to November 8, 2017, and the following.

Reasons

1. Basic facts

A. On October 1, 2013, the Plaintiff constituted the Seoul Special Metropolitan City (hereinafter referred to as “Seoul Metropolitan City”) by organizing a joint supply and demand company (representative: the Plaintiff) with respect to the relationship between the parties and the construction contract.

(1) The project to create a park in the Chuncheon Line site (hereinafter referred to as the “instant prime contract”).

(2) On January 3, 2014, the Plaintiff entered into the instant subcontract agreement with the Defendant on January 9, 2015 with respect to the part of the instant subcontracted construction (hereinafter “instant subcontracted construction”) of the instant prime contractor (hereinafter “instant subcontracted construction”). The Plaintiff entered into the instant subcontract agreement with the Defendant, stating that “the term of completion: January 9, 2015; the contract amount: 95,797,000 won per day; penalty rate for delay: 0.3% of the daily contract amount; the warranty period; and the warranty bond rate and the warranty bond rate: based on the original contract amount.”

B. On August 14, 2014, the instant subcontractor was suspended due to the Defendant’s discontinuance of the primary construction work, and the Defendant’s failure to pay labor costs, etc. to the subcontractor.

For the resumption of construction, the Plaintiff converted the part of the subcontracted construction in this case into a direct management from around that time, and on September 4, 2014, the Plaintiff and the Defendant drafted a written agreement with the Plaintiff that “When the Defendant received advance payment of KRW 50,000,000 from the Plaintiff, the Defendant did not have any outstanding and delayed payment until July 2014. Until the Plaintiff performed the construction work directly, the Defendant completed payment to the subcontractor by September 15, 2014.”

C. On August 27, 2014, the Plaintiff entered into the second amendment contract and the third amendment contract of this case with Seoul Special Metropolitan City on August 27, 2014. The Plaintiff entered into the second amendment contract with the Defendant on September 27, 2014, reflecting the design change related thereto and the part directly converted into the Plaintiff’s direct management. Under the second amendment contract, the original Defendant, through the second amendment contract, reduced the completion period of the subcontracted project of this case to November 30, 2014 (However, the package removal work extended to May 15, 2015).

712,987.