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(영문) 부산지방법원 2016.05.12 2014가단64468

직불금반환

Text

1. The Defendant’s KRW 38,00,000 as well as 20% per annum from September 6, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 23, 2013, PS Construction Co., Ltd. (hereinafter “PS Construction”) was awarded a contract for the multi-purpose lecture and meal room extension works for D secondary schools located in Busan Nam-gu, Busan (hereinafter “instant construction works”).

The contents of the contract were set at 1,481,624,00 won of the construction cost (including value-added tax), June 3, 2013 on the commencement date, January 28, 2014 on the completion date, January 28, 2014, 0.1% of the interest rate for delay, and 3% of the interest rate for delay, and the completion date was postponed on April 18, 2014 on several occasions, and due to design changes, the construction amount was reduced to 1,354,716,00 won (including value-added tax).

B. As to the supply of a part of the instant construction, PS Construction awarded a subcontract to the Plaintiff, which operates “E” in the Busan Summer-gu.

C. As of February 17, 2014, while the instant construction was in progress, the Plaintiff and U.S. Construction signed and sealed a written consent form (hereinafter referred to as “instant consent form”) stating “written consent from direct payment of subcontract price” as of February 17, 2014, and submitted it to the head of theD Middle School. At the bottom of the consent form, the Plaintiff and U.S. Construction signed and sealed F (the person in charge of the instant construction as the head of the administrative office of D Middle Schools

【Contents of the Consent Form of this case (Explication)】

1. Name of the construction: Dmiddle school multi-purpose lecture and construction works for extension of meal rooms;

2. Construction amount: 1,481,624,00 won;

3. Contract amount: 40,000,000 won;

4. Amount of subcontract: 38,000,000 won;

5. The period of subcontract construction: The ordering person agrees to pay directly to the subcontractor the price in addition to the cost of all the daily materials supplied by the subcontractor when the contractor (referring to EP construction; hereinafter the same shall apply) and the subcontractor (referring to the Plaintiff; hereinafter the same shall apply) enter into the contract for the above construction.

The contractor(s)(s) and the sub-contractor(s) and the sub-contractor(s) and the sub-contractor(s) and F of the Do middle school administrative office:

D. The Plaintiff prepared the instant written consent from February 22, 2014 to March 31, 2014.