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(영문) 인천지방법원 2020.11.11 2019나62003
선지급금반환
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On November 22, 2013, the Plaintiff concluded a contract for construction works (hereinafter “instant contract”) with respect to C Corporation within the Republic of Korea and Incheon Reinforcement-gun (hereinafter “instant construction works”) with respect to the contract amount of KRW 667,695,00, and the construction period from November 22, 2013 to November 21, 2014 (hereinafter “instant contract”).

B. On February 7, 2014, the Plaintiff entered into a subcontract with the Defendant and the instant construction, with the contract amount of KRW 203,357,00,00 for temporary installation works, steel congested storage works, steel framed works, shipbuilding works, and swimming works, and the contract period from February 10, 2014 to June 30, 2014, and paid KRW 127,50,000 as advance payment to the Defendant on March 21, 2014.

C. On May 30, 2014, the Defendant re-subcontracted the construction period of KRW 53,767,340 of the construction cost (including value-added tax) from May 30, 2014 to June 30, 2014, the Defendant paid KRW 25,000,000 as advance payment at around that time.

On May 30, 2014, the Plaintiff entered into a subcontract with a contract amount of KRW 33,682,660 (including value-added tax) and the construction period from May 30, 2014 to June 30, 2014 with respect to metal works, creative works, and glass works among the instant construction works.

E. D discontinued the installation of a panel without due payment of the construction cost for the installation of a panel subcontracted by the Defendant.

Accordingly, on October 16, 2014, the Plaintiff added the panel construction work that D subcontracted by the Defendant to the pre-existing contract with D, Changho Construction, and Free Construction Subcontract, and entered into a subcontract by changing D to the total construction cost of KRW 61,000,000 (including value-added tax) in consideration of the advance payment of KRW 25,00,000 paid to D.

F. From among the construction works under a subcontract concluded with the Plaintiff on October 7, 2014, the Defendant: (a) the contract amount of 177,089,660 won for the remainder of the construction works except for the projects entered into with D.

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