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(영문) 청주지방법원 2018.06.07 2016나14226
선급금 반환 등 청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Article 33 (1) The principal contractor shall pay the advance to the subcontractor, as provided for in this Agreement;

(2) Where a principal contractor receives an advance payment from the person ordering, he/she shall pay it to the subcontractor within 15 days from the date he/she receives such advance payment (where he/she has received it before entrusting this contract, the date he/she entrusted this contract) in proportion to the details and ratio of the advance payment he/she

(3) Where advance payments are paid by a principal contractor after the deadline specified in paragraph (2) elapses, interest at the interest rate determined and publicly notified by the Fair Trade Commission shall be paid for the excess period.

(4) Where a principal contractor pays advance payment from the ordering person by bill or means of payment in place of bill, he/she shall pay bill discount charges or fees.

In such cases, the bill discount rate and fee rate shall apply to the bill discount rate and fee rate applied to the subcontract price.

(5) Where a subcontractor fails to provide appropriate guarantee for an advance, a principal contractor need not pay an advance.

(6) Advance payments shall not be used for any purpose other than the original purpose of a contract, and shall be used preferentially for paying wages and securing materials.

(7) An advance payment shall be settled according to the following formula whenever the price for a completed portion is paid:

(8) A subcontractor shall submit a statement of use to the principal contractor after the completion of the use of the advance payment, and shall refund the balance of the advance payment plus the amount equivalent to the agreed interest [referring to the amount calculated according to the average loan interest rate of the financial institution at the time of the occurrence of the cause (the average loan interest rate of the Bank of Korea statistical compensation) in addition to the agreed interest rate on the balance of the advance payment at the time of use for other than the original purpose

In such cases, the calculation method of the amount equivalent to the interest shall be calculated on a daily basis on the balance of the advance payment, and the calculation period shall be until the return is made.

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