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(영문) 광주지방법원 2017.11.09 2016가단517309
선급금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 60,841,501 as well as its full payment from July 23, 2016.

Reasons

1. Facts of recognition;

A. On October 30, 2015, the Plaintiff contracted for 3,300,000,000 won, including value-added tax, for the installation of solar power plants on a parcel other than 322,00,000,000, from the Masung-gun, Hongsung-gun, Inc., the Plaintiff subcontracted to the Defendant for 429,00,000,000, including value-added tax, for civil engineering works during the above construction, and the related parts of the subcontracting contract prepared at the time are as follows.

5. Payment of the price;

(a) Contract deposit: 10% of the contract amount shall be paid within 10 days after the submission of the letter of advance payment guarantee;

(If the project owner has paid the price to the prime contractor)

(b) Model 1: 20% of the contract amount shall be paid within 50% of the progress of the site civil engineering and within 10 days after bringing in a factory with 50% of the raw materials of the structure;

(c) Model 2: 30% of the contract amount shall be paid within 10 days after the completion of 60% of the total construction progress.

Article 6 (Advance Payment) (2) The advance payment shall be settled according to the following methods whenever the price is paid as completed portion of the construction contract:

The settled amount of advance payment = (Adjustment of the contract amount due to a modification of a design) 】 (Adjustment of the contract amount due to a modification of a design) (1) When the contents of the design do not coincide with the state of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in the course of construction, or when the project plan is modified.

Article 15 (Adjustment of Contract Amount Due to Changes in Terms and Conditions of Contract) Where it is necessary to adjust the contract amount due to changes in the terms and conditions of contract other than cases pursuant to Article 13, the contract amount shall be adjusted by mutual agreement between the original contractor and the subcontractor on the basis of the actual expenses incurred

B. On November 5, 2015, the Plaintiff paid the Defendant the advance payment of KRW 42,900,000, and KRW 88,000,000, respectively, on March 15, 2016.

C. However, on April 7, 2016, the Defendant demanded the Plaintiff to modify the design, and suspended the construction. The Plaintiff had the same year.

4.Around 20.20 the defendant

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