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Reasons
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(영문) 인천지방법원부천지원 2016.10.07 2016가합669
공사대금 반환
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1. The Defendants jointly share KRW 300,000,000 to the Plaintiffs, as well as Defendant C and Defendant D, respectively.

Reasons

1. Basic facts

A. On July 18, 2014, the Plaintiffs and Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract for removal works related to the construction of the Kimpo-si collective housing project (hereinafter “instant project”) scheduled to be implemented by Defendant C (hereinafter “instant contract”), and the main contents are as follows.

Article 1 of the Agreement on Contracts for Removal Works (Purpose of Project)

2. Size of projects;

(a) Area of a building site: 191,513 square meters (57,932 square meters);

(b) the removed area: to settle the removed area at the time of periodic contract with respect to 1,2 block (including fences, fences, unauthorized buildings, asphalts, approximately 20,00 square meters).

Article 2 (Lending and Repayment of Funds)

1. The Plaintiffs agree to lend KRW 240 million to Defendant C as performance guarantee, but the lending methods are as follows.

(1) 40 million won shall be paid as down payment at the time of concluding a contract.

(2) The intermediate payment of KRW 100 million shall be paid on July 15, 2014.

(3) Any balance of KRW 100 million shall be paid on August 25, 2014.

3. When the plaintiffs pay the intermediate payment of KRW 100 million to the defendant C, the defendant C intends to put up a guarantor.

4. Defendant C shall repay the above loans in installments from the start of the removal work to the start of the removal work.

Article 3 (Removal Works, etc.)

1. The defendant C shall order the removal of the above project site to the plaintiffs, and it shall enter into a formal contract with the ratification of the construction at the time of confirmation of the construction work, and the detailed matters concerning the removal shall be governed by a separate contract.

2. The minimum unit price of a removal project shall be 130,000 won per square meter (excluding value-added tax).

3. The removal works shall be from December 15, 2014 to June 30, 2015;

(Provided, That any extension due to the delay in authorization or permission shall be agreed upon by Defendant C and the plaintiffs). Article 6 (Agreement Termination and Other)

1. In the event that Defendant C and the Plaintiffs violate the respective of the above arrangements, this Agreement shall be terminated immediately.

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