정산금 반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 19, 2017, the Defendant entered into a contract with the Plaintiff to construct the Fsolar power plant (hereinafter “instant power plant”) on each of the lands of Kimpo-si C, D, and E, totaling KRW 1,468,00,000 for construction cost (hereinafter “instant contract price”) and within six months after the commencement of the construction period (hereinafter “instant contract”).
Article 23(1) of the Agreement on the Contract of this case (Evidence A 3-1) provides that “When the contract of this case is terminated, the plaintiff and the defendant shall settle the construction amount of the completed portion without delay.”
B. Under the instant contract, the Plaintiff agreed to pay to the Defendant KRW 131,00,000 out of the contract price of this case as advance payment for authorization and permission, which is funds for authorization and permission, ② KRW 309,40,000 as advance payment, ③ KRW 880,800,00 as advance payment according to the construction progress rate, respectively, and ④ KRW 146,800,000 as balance, is paid within 30 days from the date of issuance of the warranty insurance policy after the completion of the Plaintiff’s completion inspection.
On April 25, 2017, the Plaintiff paid 131,000,000 won (excluding value-added tax; hereinafter “the advance payment for authorization and permission of this case”) to the Defendant pursuant to the above agreement.
C. On April 26, 2017, the Defendant entered into a subcontract with G Co., Ltd. (hereinafter “G”) under the instant contract with the content that each of the following services, among the construction works of the instant power plant, will be subcontracted to G by setting the construction period of KRW 151,305,00 (hereinafter “instant subcontract consideration”) and from April 26, 2017 to October 26, 2017 (hereinafter “instant subcontract”).
The Defendant: (a) to G on the instant subcontract, KRW 55,020,00 of the subcontract price in the instant case; (b) KRW 34,387,50 of the subcontract price in the instant case; and (c) KRW 13,75,00 after completion of the following 1 service; and (d) after receipt of the following 2 service: