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(영문) 수원지방법원 2019.04.10 2018가합26140
선급금반환
Text

1. The Defendant shall pay USD 9,848,962 to the Plaintiff the annual interest rate of 15% from October 19, 2018 to the date of full payment.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entry in each of the evidence of subparagraphs A1 through 4 (including each number), and purport of the whole pleadings);

A. On November 8, 2013, the Plaintiff entered into a contract with the Defendant to subcontract the installation work of mechanical PKG to USD 17,991,834 (U.S.; hereinafter the same).

B. The Plaintiff paid USD 15,072,752 in total at the Defendant’s request for advance payment from August 2013 to January 2015.

C. On January 23, 2015, the Plaintiff notified the Defendant of the termination of the said subcontract on the grounds of the Defendant’s nonperformance, and the said contract was terminated at that time.

Of the expenses that the plaintiff paid in advance, the amount deducted as the pre-paid construction cost prior to the termination is USD 5,223,790 in total.

2. Advance payments received under the judgment of the contract for construction works are part of the construction cost paid in relation to the entire construction works, not the specific work cost.

Where a contract for work is terminated or terminated after the payment of advance payment, the contractor shall be obligated to pay the unpaid amount of the contract for the work that falls under the advanced payment, as a matter of course, and the contract price remains, if the contract is terminated or terminated without a separate set-off declaration, except in extenuating circumstances.

If advance payment is appropriated for the unpaid construction cost, the contractor is obligated to return the remainder of the advance payment.

(See Supreme Court Decision 2014Da11574, 11581 Decided January 12, 2017, etc.). According to the above facts, the Plaintiff paid USD 15,072,752 as advance payment to the Defendant. Of them, USD 5,223,790 as the Defendant’s amount deducted from the Defendant’s advance construction work amount is USD 5,223,790. As such, the Defendant paid USD 9,848,962 to the Plaintiff (i.e. USD 15,072,752, USD 752 - USD 5,223,790) as well as the Plaintiff’s litigation promotion, etc. from October 19, 2018 following the delivery date of the application for changing the purport of the instant claim and the cause of the claim.

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