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(영문) 대구지방법원 2016.10.20 2015가단7005
양도금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 9, 2014, the Plaintiff entered into a subcontract with regard to reinforced concrete construction works (hereinafter “instant construction”) among the Daegu North-gu Office of Education’s Multi-Purpose Dental Extension and other construction works contracted by the Office of Education of Daegu-gu, Daegu-gu, by determining the construction period from April 10, 201 to October 31, 2014 as construction cost of 57,50,000 won (value of 525,00,000, value-added tax of 52,50,000 won, value-added tax of 52,50,000 won), and the construction period from April 10, 2014 to October 31, 2014.

The Plaintiff paid down payment of KRW 173,250,00 on May 13, 2014, KRW 50,000 on August 28, 2014, KRW 50,000 on August 28, 2014, KRW 152,125,000 on September 152, 2014, KRW 40,000 on September 24, 2014, KRW 30,000 on September 24, 2014, KRW 30,000 on October 7, 2014, KRW 50,000,00 on November 7, 2014, KRW 50,000 on November 50, 200, KRW 50,000,000 on November 10, 2014, KRW 5375,00 on aggregate.

The Defendant paid KRW 46,170,630 calculated by applying the rate of damages for delay of 1/100 to the Daegu Metropolitan City Office of Education on the ground that the period of the instant construction agreement was January 23, 2015, which was completed on February 10, 2015, and delayed 18 days, to the Daegu Metropolitan City Office of Education. On this ground, the Defendant was notified by the Daegu Metropolitan Office of Education that he/she was disqualified for entering into a negotiated contract on February 17, 2015.

On November 20, 2014, the Plaintiff transferred the instant construction cost of KRW 34 million to the Defendant from the construction of the friendly industry, and notified the assignment of claims on November 25, 2014, and received the notice of the said assignment of claims on November 26, 2014.

The defendant shall pay 29,154,700 won for non-construction, etc. (2,150,000 won for non-construction of external walls, 5,660,00 won for non-establishment of non-permanent structures, 230,000 won for waste disposal, 2,40,000 won for partial non-construction of structural frame, 1,80,000, 600,000 for multi-story concrete deconstruction of the second floor, and 60,000,000 won for non-permanent dismantlement of the mold, and 5,593,56,170,630 won for delay, and 600,000 won for non-permanent dismantling of the second floor, and 5,593,160 won for damages incurred by the defendant as a disqualified company for entering into a private contract.

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