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(영문) 서울중앙지방법원 2017.12.19 2017가합504461

보증금반환

Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from November 25, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The purpose of the Plaintiff is a company specializing in the construction of the information and communications industry, and the Defendant is a religious organization with the aim of training instructors, education, religion, and church-related business.

B. On June 3, 2015, the Defendant entered into a contract with C to conclude a construction contract with each inspection upon determining and submitting the volume of each inspection in relation to “energy-saving projects” by each inspection under the Defendant’s control with C (hereinafter “C”).

C. On March 9, 2016, the following contracts (No. 3, hereinafter “instant contract”) were made between the Plaintiff, C, and the Defendant.

In order to perform the smooth progress and mutual rights and obligations of B Energy Reduction Project, C and the Plaintiff shall prepare this contract with the General Secretary as the contract guarantor in order to faithfully perform the B Energy Reduction Project.

1. Construction name of the project: B energy conservation project - Replacement and new installation of ED - Replacement and electric safety works for old electric wires, replacement and new installation of CCTV - Other matters requested by inspection, such as the improvement of old convenience facilities;

2. Scope of construction: All the inspections under B located in the Seoul Special Metropolitan City, Incheon Metropolitan City, Gyeonggi-do, and Gangwon-do, and matters under special agreement for each teacher;

3. The Plaintiff shall pay to the Defendant the amount of KRW 300,000 (Won 300,000) as contract deposit with respect to the Corporation at the same time as the contract is concluded.

4. The defendant shall issue a contract performance guarantee receipt to the plaintiff.

5. The defendant shall refund the contract performance bond paid by the plaintiff to the plaintiff within seven days after the completion of the contract with the plaintiff.

6. The contract performance bond under paragraph 3 may be paid to the defendant through C.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion has paid KRW 300 million to the defendant in accordance with the contents of the contract of this case, but the construction is due to the circumstances between the defendant and C.