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(영문) 대구지방법원 2015.08.21 2014가합206154
선급금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 13, 2010, the rehabilitation company Gyeongwon Co., Ltd. (hereinafter “Rehabilitation company”) entered into a contract for construction of 15,400,000,000 (including additional tax) with respect to the construction cost for the installation of fluor energy and solar energy and solar power generation facilities (hereinafter “instant construction”). The rehabilitation company (hereinafter “instant contract”) is a contractor who placed the contract for fluorous energy and secondary energy in the Defendant’s land.

B. On October 25, 201, the rehabilitation company concluded a subcontract with respect to the portion of the civil engineering works among the instant construction works, including KRW 2,420,00,000,000, and the construction period from October 25, 201 to April 31, 2012 (hereinafter “instant subcontract”), and transferred KRW 310,000,000,000 to Defendant C&D construction as the construction price on December 21, 201, and the Defendant C&D construction transferred KRW 60,000,000 to the rehabilitation company on January 20, 2012.

C. On June 11, 2012, the rehabilitation company agreed on the instant contract with Defendant land-based energy and vice-energy and the instant contract.

2. Assertion and determination

A. The Plaintiff asserted that, as the instant subcontract agreement entered into between the rehabilitation company and the Defendant Chova Construction was rescinded on June 11, 2012, the Plaintiff asserted that the Plaintiff is obligated to pay the Plaintiff KRW 250,000,000 (=310,000,000 - Defendant Chova Construction remitted on January 20, 2012) and delay damages therefrom, since the said subcontract agreement was rescinded on June 11, 2012, the Plaintiff asserted that: (a) Defendant Chovah Construction is obligated to pay the Plaintiff an advance payment (construction cost) received from the rehabilitation company (construction cost); and (b) Defendant Chovah Construction’s payment of the said amount (60,000,000,000, which was remitted on January 20, 2012). Accordingly, even if the instant subcontract agreement was rescinded; (c) Defendant Chovah Construction’s construction was executed by investing it in an amount equivalent to KRW 1,15,928,45).

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