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(영문) 부산지방법원 2016.10.20 2015가합42288
선급금반환등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 32,993,100 to the Defendant (Counterclaim Plaintiff) and its related amount from December 20, 2014 to October 20, 2016.

Reasons

Basic Facts

Around July 2013, the Plaintiff entered into a lease agreement between the Plaintiff and the Korea Design Group (hereinafter referred to as the “Korea Design Group”) on the lease agreement between the Plaintiff and the Korea Design Group (hereinafter referred to as the “Korea Design”). The Plaintiff entered into a lease agreement between the Plaintiff and the Korea Design Group (hereinafter referred to as the “Korea Design”).

At the time of the above contract, the Plaintiff and Handong Design set up a facility in the instant commercial building at the Plaintiff’s expense, and the specific scope was subsequently agreed upon by mutual agreement with the Plaintiff.

Under the contract for construction between the Plaintiff and the Defendant and the Plaintiff, the Plaintiff entered into the instant contract for construction and made advance payment pursuant to the instant lease agreement, with the Defendant and the Defendant, who introduced the Korea Design on March 26, 2014, set the interior works on the instant commercial building as construction cost of KRW 264,00,000 (including additional taxes) and the Defendant as the contract for construction work (hereinafter referred to as the “instant construction works”).

3. Period of construction: 264,00,000 won (including surtax) for the period of construction on April 7, 2014, and on May 7, 2014, completion;

5. Advance payments: 66,00,000 won (including surtax) Article 31 (Cancellation, etc. of Contracts by the Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

1. Where it is evident that the construction work is not likely to be completed within the completion date due to a reason attributable to the defendant;

4. Where it is deemed that the purpose of the contract cannot be achieved due to the violation of the contract terms of the defendant, Article 32 (Cancellation, etc. of Contract by the defendant) (1) The defendant may cancel or terminate all or part of the contract in any of the following cases:

2. When the period of suspension of construction due to a cause attributable to the plaintiff exceeds 50/100 of the construction period specified in the contract;

3. The Corporation fails to comply with the terms and conditions of the contract without justifiable grounds.

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