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(영문) 춘천지방법원 2017.11.22 2015가합6135
선급금반환 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) starting October 15, 2014 for KRW 440,340,977 and KRW 86,526,600 among them.

Reasons

1. Basic facts

A. The Plaintiff: (a) supplied D’s supply of and demand for construction of D’s hotel to the Hancheon-gun E D’s Han River; (b) concluded a subcontract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on May 16, 2014 with respect to the construction cost of KRW 2,167,00,000, and the construction period of KRW 2,167,000,000 on May 23, 2014 to October 30, 2014.

B. According to the instant construction contract, KRW 200,000,000 shall be paid within 15 days after the conclusion of the contract, and the completed portion shall be paid within 15 days after the date of the claim for the payment for the completed portion once a month. The contract deposit was set at KRW 216,70,000, which is 10% of the construction cost.

C. On May 21, 2014, Defendant B entered into an advance payment guarantee insurance contract (hereinafter “instant advance payment guarantee contract”) with Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) and the insured (hereinafter “instant advance payment guarantee contract”) and a guarantee insurance contract for contract deposit (hereinafter “instant contract deposit guarantee contract”). On May 22, 2014, Defendant B submitted each of the said guaranty insurance policies to the Plaintiff, and commenced the instant construction upon receiving KRW 200,000,000 from the Plaintiff (hereinafter “instant advance payment”).

From May 22, 2014 to October 10, 2014, the Plaintiff paid the construction cost of KRW 1,705,848,882 in aggregate to Defendant B, including the instant advance payment, as follows. The Plaintiff paid the sales amount of KRW 54,363,637 in aggregate of value-added tax (i.e., KRW 20,00,000 on July 29, 2014) (i.e., KRW 13,636,364 won on August 13, 2014; KRW 20,727,273 won on September 20, 2014); and (ii) paid KRW 10,000 on May 20, 200; and (iii) paid the instant advance payment amount of KRW 40,000 on May 20, 2014 to Defendant 204.

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