선급금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. On November 30, 201, the Plaintiff and the Defendant concluded a construction contract with the Incheon Metropolitan City Strengthening-gun (hereinafter “Strengthening-gun”) under which the Plaintiff and the Defendant jointly received the instant construction contract (hereinafter “instant construction contract”).
The construction amount of the instant construction contract was KRW 1,019,232,00 (including value-added tax). The Plaintiff’s share ratio was 51%, and the Defendant’s share ratio was 49%.
B. Meanwhile, the Plaintiff and the Defendant independently executed the instant construction work, and the Defendant agreed to receive only profits, and drafted a written agreement on November 22, 201 (hereinafter “instant agreement”) (hereinafter “instant agreement”), and the main contents thereof are as follows.
The name of the Corporation: With respect to the instant construction project in KRW 1,019,232,00, the Plaintiff and the Defendant shall agree with the following terms and conditions, and shall have civil and criminal effects:
① The Plaintiff is fully responsible for and faithfully performing the construction work.
② The Plaintiff is liable for the safety of workers and third parties by entering into a contract with the Plaintiff’s share of the industrial accident insurance premium, four-party insurance, worker disaster insurance, and business indemnity insurance incurred in addition to the installment.
4. The plaintiff performs the construction work and does not claim any incidental expenses to the defendant at 85% of the above value of supply of the construction.
C. The Defendant received advance payment of KRW 101,430,000 from the reinforcement group.
On June 13, 2012, the Plaintiff completed the instant construction project, submitted a completion report to the Reinforcement Group, and completed the completion inspection on June 19, 2012, and finally settled the instant construction project amounting to KRW 956,22,00 (including value-added tax) by reducing part of the construction cost of the relevant reinforcement group and the instant construction project.
E. The Plaintiff and the joint contractor that made the Defendant are paid the advance payment, payment, etc. to each of the members of the joint contractors according to their respective shares at the time of the conclusion of the instant construction contract.