logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.04.27 2016나7152
공사대금반환
Text

1. Of the judgment of the court of first instance, the plaintiff against the defendant B, who is equivalent to the amount ordered below.

Reasons

1. Basic facts

A. On February 12, 2014, the Plaintiff purchased KRW 792,00,000 of 546.1 square meters (hereinafter “instant land”) in Yansan-gu, Jeonju-si, Jeonju-si, and completed the registration of ownership transfer as the receipt No. 42567 on April 1, 2014.

B. On April 1, 2014, the Plaintiff entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”); Defendant C is the representative director of the Defendant Co., Ltd.) to construct a building on the ground of the instant land (hereinafter “instant construction contract”); the main contents are as follows.

3. Date of commencement: July 15, 2014: Date scheduled for completion: January 15, 2015: Contract amount: KRW 967,670,000 (including value-added tax).

6. Contract bond: 50 thousand won; and

7. Advance: 50,000,000 won; and

8. The completed amount: It shall be determined by bank nature and the balance shall be paid after completion in lots.

b.13. Other matters: The general conditions of the standard contract for private construction works are in accord with the general conditions of the contract for private construction works. Article 4 [Deposit for Contract] ① “B” (the contractor and the Defendant Company) shall pay in cash, etc. to “A” (the contractor and the hereinafter referred to as “Plaintiff”) before entering into the contract in order to guarantee the performance of the contract.

Provided, That this shall not apply where the defendant company and the plaintiff agree not to pay the contract bond under an agreement.

Article 5 [Disposition of Contract Deposit] (1) Where a contract is terminated or terminated due to a cause falling under any subparagraph of Article 31 (1), the contract bond paid pursuant to Article 4 shall revert to the plaintiff.

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

(2) The plaintiff shall be subject to the provisions of Article 4 when the contract is terminated or terminated due to the causes set forth in subparagraphs of Article 32 (1).

arrow