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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 7, and Eul evidence No. 1 and the purport of all pleadings.
On July 8, 2015, the Plaintiff subcontracted the construction of machinery and equipment in KRW 1,793,000,000 among the “Asan city indoor swimming pool construction works” that he/she contracted from Asan City to C&C Co., Ltd. (hereinafter “PrivateM”), and paid a portion of the subcontract price in advance.
B. On July 21, 2015, the Defendant guaranteed the Plaintiff’s obligation to return the advance payment to the Plaintiff, and accordingly, on August 4, 2015, the Plaintiff paid KRW 333,460,000 to the C&C.
C. On October 2, 2015, C&C submitted a written rejection of the waiver of construction works to the Plaintiff, and returned part of the advance payment received from the Plaintiff.
Upon the Plaintiff’s claim for deposit, the Defendant paid KRW 263,400,166 to the Plaintiff on March 10, 2016.
2. The plaintiff's assertion that the plaintiff should be paid KRW 273,145,45 remaining after deducting only KRW 60,314,545 which was partially returned from IMM in advance from 33,460,000, and should not reflect the labor cost of IM in calculating the base amount to be deducted from advance payment. Thus, the defendant who guaranteed the above advance payment obligation shall pay KRW 273,145,455, which did not reflect the labor cost to the plaintiff. The defendant shall pay the above KRW 273,145,455, which did not reflect the labor cost to the plaintiff. The deposit that the defendant actually paid to the plaintiff is only KRW 263,40,166, which is less than the above amount. The defendant asserts that the defendant is liable to pay the remaining deposit to the plaintiff as well as delay damages.
In relation to this, the Defendant deducted the amount of value-added tax refund of KRW 29,340,016 from advance payment of KRW 33,460,00 and KRW 30,000 from advance payment of KRW 333,460,00,00 from advance payment of KRW 30,00,000, and the amount of advance payment of KRW 10,719,818.