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Reasons
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(영문) 서울중앙지방법원 2016.08.25 2016가단5112405
선급금 반환 청구의 소
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiffs entered into a contract with the Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government Joint Living Facility Construction Co., Ltd. (hereinafter referred to as “TT Construction”) with respect to the contract amount of KRW 1,892,00,000 (including value-added tax), advance payment of KRW 189,200,000, and the date of commencement as of December 30, 2014 as of March 28, 2014 (hereinafter referred to as “instant contract”).

Article 10 (Period of Construction Works) (1) The date of commencement and completion of construction works shall be the date specified in the contract.

Article 11 (Advance Payment) (1) A shall pay advance payment to B, as stipulated in the contract, and where Party A requests submission of a letter of guarantee at the time of advance payment, Party B shall submit a letter of guarantee issued by a guarantee agency referred to in any subparagraph of Article 4 (1) (in addition to the amount equivalent to the agreed interest amount corresponding to the guarantee period for the advance payment scheduled to be made), as stipulated in the contract.

(4) The amount calculated by the following formula shall be settled whenever the price for the completed portion is paid:

(5) In cases falling under any of the following subparagraphs, where advance payment is made, Gap may request the return of the balance of the relevant advance payment:

1. Where the contract is rescinded or terminated;

2. Where he/she violates the terms and conditions of advance prohibition;

3. Where it is deemed inevitable to return the balance carried forward by an accident, etc.

Article 33 (Cancellation, etc. of Contracts A) (1) A may cancel or terminate all or part of the contract in any of the following cases:

1. Where Eul fails to commence construction even after the lapse of the commencement date without any justifiable ground;

2. The grounds for which he is responsible; and

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