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(영문) 인천지방법원 2019.04.05 2018가합929
공사대금반환
Text

1. The Defendant’s KRW 262,037,50 as well as 6% per annum from February 9, 2018 to April 5, 2019 to the Plaintiff.

Reasons

On February 23, 2016, the Plaintiff entered into a contract with the Defendant for the construction of new kindergartens on the ground C and D (hereinafter “instant construction”) under which the construction period was fixed from March 20, 2016 to August 31, 2016, the contract amount of KRW 1,177,000 (including value-added tax) and the contract amount of KRW 1,177,000 (hereinafter “instant contract”).

From February 23, 2016 to June 23, 2016, the Plaintiff paid KRW 700,000,000 to the Defendant as the instant construction payment, including KRW 150,000,00,000.

When the instant construction was interrupted on August 15, 2016 due to the shortage of funds, the Plaintiff promised from the Defendant to complete the construction by September 15, 2016, and paid the Defendant KRW 200,000,000 as the construction cost additionally on August 8, 2016, but the instant construction was not completed by September 15, 2016.

1. The plaintiff and the defendant confirmed that the contract amount under the contract of this case was paid directly to the defendant and the defendant was paid in direct payment to the subcontractor of the balance.

2. In the event that the Plaintiff made a direct and unfair payment to the subcontractor with respect to the instant construction project, the Defendant shall reimburse the Plaintiff for the portion of payment that the contract amount was paid by the Plaintiff.

3. As to the amount set forth in paragraph 2 that became final and conclusive after the completion of the instant construction, the Defendant shall reimburse the Plaintiff at the end of June 2017.

Provided, That the plaintiff may not transfer the above claim to a third party without the defendant's written consent.

4. In order to reach an agreement on the payment portion of the Plaintiff, the Plaintiff shall receive the Defendant’s express request for direct payment prior to the processing of the direct payment from the subcontractor, and accordingly submit the certificate of deposit to the Defendant.

In addition, the subcontractor cooperates to the maximum extent possible to issue a tax invoice equivalent to the amount paid to the defendant.

On December 28, 2016, the Plaintiff agreed with the Defendant (hereinafter “instant agreement”) as follows.

[Ground of recognition] The fact that there is no dispute, A.

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