(영문) 인천지방법원부천지원 2017.10.18 2017가단6285

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(영문) 인천지방법원부천지원 2017.10.18 2017가단6285

계약금반환 및 위약금

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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from May 18, 2017 to October 18, 2017, and the following.

Reasons

(b) the facts of the basis;

A. On February 15, 2017, the Plaintiff and the Defendant concluded a contract for construction work (hereinafter “instant contract for construction work”) with the Plaintiff as the contractor and the Defendant as the contractor.

The name of the construction project: The date of commencement of the multi-user housing construction project in Gangnam-gu Seoul Metropolitan Government: April 1, 2017 (the date of commencement as of the date of commencement, weather conditions, and the date of completion of the civil petition period): the construction area on September 1, 2017: the contract amount of KRW 102: the contract amount of KRW 438,00,000 per day (the contract amount of KRW 438,000 per day: the contract amount of KRW 20,000 per day under separate contract for the construction contract * the contract amount of KRW 31 [the contract cancellation, etc. by the contractor] ① The contract owner may cancel or terminate all or part of the contract in any of the following cases:

1. Where the contractor fails to commence a construction work after the expiration of the period of commencement agreed without any justifiable reason.

Article 10 [Advance Payment] (1) A contractor shall pay advance payment to the contractor under the terms and conditions set forth in the contract.

(hereinafter omitted) (5) Where a contractor has paid the advance payment, he/she may request the return of the balance of the advance payment in any of the following cases:

1. Where a contract is rescinded or terminated, (1) If a contract is terminated under Articles 31 and 32, the contractor and the contractor shall settle the amount of the completed construction without delay;

(2) If any loss has been incurred due to the rescission or termination of a contract under Articles 31 and 32, the other party may claim compensation therefor from the latter.

B. The Plaintiff’s payment of construction cost, etc. 1.

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