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(영문) 서울중앙지방법원 2016.07.06 2015나58876
공사대금 반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The court of first instance dismissed both the plaintiff's principal claim and the defendant's counterclaim, and only the defendant appealed against the part of the counterclaim claim in the judgment of the court of first instance. Thus, the scope of the judgment of this court is limited to the part of the defendant's counterclaim claim against which the defendant is dissatisfied.

2. Facts of recognition;

A. The Plaintiff is a reconstruction association established under the Housing Construction Promotion Act for the reconstruction of Cheongdog in Gangnam-gu Seoul Metropolitan Government Cheongdog-dong 34-3, and the Defendant is a stock company established for the purpose of interior decoration business, design consulting business, etc.

B. On May 14, 2012, the Plaintiff entered into a contract for construction works with the Defendant for the purpose of promoting the sale of urban-type residential housing (hereinafter “instant construction works”) with the following content:

(hereinafter referred to as the “instant construction contract”). The name of the construction project: The contract amount for the Cheongdore Reconstruction Model: KRW 209,000 (including value-added tax): KRW 50,000,000 on May 15, 2012 - the payment date of intermediate payment (1j) KRW 100,000,000 on May 23, 2012 - the intermediate payment (2j) KRW 39,00,000 on May 23, 2012 - the payment date of KRW 20,000,000 on June 5, 2012 - the payment date of KRW 20,00,000 on June 5, 2012; the date of commencement on September 7, 2012: the date of commencement: May 15, 2012; the date of completion: June 3, 2012;

After the conclusion of the instant construction contract, the Defendant commenced construction work, and the Plaintiff paid KRW 50 million to the Defendant as the down payment on May 16, 2012, and KRW 100 million as the first intermediate payment on June 18, 2012.

On October 18, 2012, the plaintiff and the defendant are the model lower court's model lower court, which had been executed by the defendant by November 5, 2012.

B. A removal of 100% and construction of the treatment presses and 100% equal to the treatment presses located in the exit No. 7 in the Gangnam-gu Seoul Metropolitan Government. If the Defendant refuses to comply therewith, the Plaintiff may terminate the instant construction contract by signing without the peremptory notice, and the Plaintiff may file a civil or criminal objection against the Defendant, and the Defendant shall raise an objection.

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