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(영문) 부산지방법원 2018.02.14 2017가합43247
선급금반환등 청구의 소
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 269,222,370 and its amount from April 11, 2017 to the date of full payment.

Reasons

Basic Facts

According to the statement No. 1-1 of the document No. 1-1 of August 27, 2014 regarding the construction work of access roads to D general industrial complex (hereinafter “instant construction work”) between the Plaintiff and the Defendant A (hereinafter “A”) and the Defendant Co., Ltd. (hereinafter “C”), the Plaintiff recognized the construction cost (amount of the contract) as above based on the overall purport of the statement and pleading No. 1,290,000,000, and No. 3 as to the construction work of D general industrial complex.

The first contract for construction works, the construction period of which was from September 16, 2014 to September 15, 2015, and the second contract for construction works, the construction period of which was from May 26, 2015 to September 14, 2016, was concluded, respectively.

(E) At the time of the instant construction contract, the Plaintiff and Defendant A agreed that “the instant construction contract” is part of the instant contract, and the terms and conditions of the contract are confirmed as part of the contract, and the performance of contractual obligations in good faith.” At the time of the instant construction contract, the Plaintiff and the Defendant A agreed that “the tender note for the construction project, the tender note for the construction project, the special consideration note for the integrity contract, the design and site descriptions, the general terms and conditions of the construction contract, the special terms and conditions of the construction contract, the integrity contract special terms and conditions, the joint supply and demand agreement, the statement of calculation sheet

The instant primary construction project was completed on December 13, 2015, and was abandoned by C on April 12, 2016 when the second construction project was in progress, and the Plaintiff and Defendant A changed the content of the instant secondary construction project to KRW 1,491,70,000 on May 9, 2016, and changed to KRW 1,491,70,000 on August 25, 2016 on the grounds of structural change, extension of air period extension, etc.

Defendant B’s guarantee and the Plaintiff’s advance payment from Defendant B (hereinafter “Defendant A”) and each advance payment from May 28, 2015 and May 18, 2016, respectively, submitted to the Plaintiff each advance payment guarantee specified in the following [Attachment 1], and the Plaintiff submitted it to the Defendant A.

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