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(영문) 청주지방법원 충주지원 2018.07.05 2017가합5716
계약금반환청구
Text

1. Defendant C and D shall jointly and severally serve as KRW 500,000,000 for the Plaintiff and as a result, from November 10, 2017 to December 14, 2017.

Reasons

(1) First: The intermediate payment of KRW 1 billion in cash by the end of February 2017, in the case of an electronic bill (500 million): The place of inspection of KRW 2.98 billion in the contract amount at the workplace of Defendant C and D (100%) at the time of production completion (10%) shall be the place of business of Defendant C and D.

Any balance: The payment of the balance shall not exceed a maximum of 60 days from the date of passing the examination, and the payment of the balance shall not exceed 1.12 billion won, which is 20% of the total contract amount after the completion of the examination. 3) The payment method shall be in cash.

Article 12. A may cancel or destroy all or part of a contract in cases falling under any of the following subparagraphs:

1) When, after the agreed date without good cause, Defendant C and D did not commence the work, 2) if the delivery date has passed and the delivery date has not been made without any justifiable reason, 3) if Defendant C and D recognizes that other matters, such as the performance, etc., of the work, can not be achieved A due to the reasons attributable to the Defendant C and D (not later than * peculiar matters).

1. In a case where Defendant E does not pay KRW 500 million for the first down payment (electronic bill) and KRW 1 billion for the second down payment, the Defendants shall return to A the electronic bill issued by Defendant C and D.

However, the defendants shall be jointly and severally liable for the issues arising from the failure of the defendant C and D to return the electronic bill.

2. In the event that Defendant E is unable to pay the above money, Defendant E will pay all the construction cost used by Defendant C and D and all related expenses.

On December 23, 2016, A paid the first down payment by issuing an electronic bill (A 4-1), which is “A” with the face value KRW 500 million, date of payment March 31, 2017, and Defendant C, and delivering it to Defendant C.

However, both A and Defendant E did not pay the second down payment of KRW 1 billion to Defendant C and D by the end of February 2017.

A On June 30, 2017, Defendant C and D issued KRW 500 million upon entering into a contract by “A” to Defendant C and D at the same time.

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