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(영문) 의정부지방법원 2016.09.30 2015나2905
선급금 반환
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 8, 2011, the Plaintiff entered into a standard subcontract for construction works (hereinafter “former Construction Contract”) with respect to electrical construction (hereinafter “instant electrical construction”) among E major repair works located in Jung-gu Incheon, Jung-gu, Seoul (hereinafter “C”) from the contract amount of KRW 1,147,30,000, and the construction period from March 2, 201 to June 30, 201 (hereinafter “former Construction Contract”).

B. Defendant B, the representative director of C, on May 4, 201, established Defendant A Co., Ltd. (F at the time of its incorporation, but the trade name was changed as at August 22, 201; hereinafter “Defendant Company”).

C. On May 13, 201, the Defendant Company concluded a standard subcontract agreement between the Plaintiff and the instant electrical construction and the previous construction contract and the construction period are identical (hereinafter “instant construction contract”). D.

According to Article 6 of the former Construction Contract Act, the Plaintiff paid C the construction cost of KRW 200,000,000 as advance payment, while Article 6 of the instant Construction Contract provides that the construction cost shall be paid in accordance with the special agreement clause, without advance payment.

Meanwhile, according to the special conditions stipulated in Article 30 of the construction subcontract agreement of the instant construction contract (the main text), the Plaintiff and the Defendant Company first settled the prepaid payment of KRW 200,000,000,000 in advance, and the payment of the construction cost is made by mutual agreement between the Plaintiff and the Defendant Company at the time of enforcing the standards for the settlement of disputes, but the payment of the construction cost is made by mutual agreement between the Plaintiff and the Defendant Company within one month after the opening of the Roundland.

E. On March 31, 201, the Plaintiff paid KRW 200,000,000 to C with respect to the instant construction project, and additionally paid KRW 81,40,000 to the Defendant Company on June 8, 2011.

F. On May 13, 201, the Plaintiff and the Defendants are responsible for the instant construction.

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