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(영문) 서울중앙지방법원 2016.12.09 2016나56549
선급금 반환 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiffs concluded a construction contract (hereinafter “instant construction contract”) with respect to the Gangnam-gu Seoul Metropolitan Government C neighborhood living facilities and the construction of detached houses (hereinafter “instant construction”) with respect to “contract amount: KRW 1.892 billion (including value-added tax); “Advance payment: KRW 189.2 million”; “date of commencement: the date of commencement; March 28, 2014”; and “date of completion: the date of completion: December 30, 2014”; and “the scheduled date of completion: the date of completion of construction” (hereinafter “instant construction contract”).

B. Details related to the payment and return of advance payment among the general conditions of the instant construction contract are as follows.

(A) “A” and “B” shall pay the advance payment to “B” as stipulated in the contract, as well as “A” and “B” shall submit a letter of guarantee issued by a guarantee agency referred to in the subparagraphs of Article 4(1) (in the event that “A” demands the submission of a letter of guarantee at the time of advance payment, “B” shall submit a letter of guarantee issued by the guarantee agency referred to in the subparagraphs of Article 4(1) (in the advance payment scheduled to be made by adding the amount equivalent to the guarantee period corresponding to the

(4) The amount calculated by the following formula shall be settled whenever the price for the completed portion is paid:

(hereinafter omitted) The amount of advance payment = The amount of advance payment = the price for the completed portion/contract amount. (5) Where advance payment is made, where advance payment falls under any of the following subparagraphs, a refund may be requested against the relevant advance payment balance:

1. Where the contract is rescinded or terminated;

2. Where he/she violates the terms and conditions of advance prohibition;

3. Where it is deemed inevitable to return the balance carried forward by an accident, etc.

Article 33 (Cancellation, etc. of Contracts A) (1) "A" may cancel or terminate all or part of the contract in any of the following cases:

1. “B” is without good cause.

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