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서울고등법원 2016.09.23 2015나2070844

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal



1. Basic facts

A. The Defendant, on July 21, 2012, entered into a special agreement on the instant subcontract and the progress payment (hereinafter “instant special agreement”)

(B) Of the construction works in Category B 9 and 10, some of the instant construction works, including boiler production (hereinafter referred to as “instant construction”).

(2) On July 30, 2012, the Defendant entered into a subcontract to receive 8,082,00 kilograms (hereinafter referred to as the “instant subcontract”) for the production and supply of steel materials necessary for the manufacture of the said boiler consisting of 11,704,00,000 won (including value added tax) and the total of 4 kinds of steel-frame structure necessary for the manufacture of the said boiler (Section 3 of the said boiler, Section 6 of the said Section, Section 3 of the said Section, Section 10, and Section 6 of the said Section).

According to the instant subcontract, the Defendant agreed to pay 10% of the ordered amount to the KB Industries in advance, and the remainder money to the KB Industries in advance when the KB enters the steel materials at the construction site B.

3) Accordingly, on September 16, 2012, the Defendant paid advance payment of KRW 1,170,400,000 (10% of the contract amount) to the KB industry. On February 4, 2013, the Defendant and the KB industry agreed to pay advance payment for the goods confirmed by the Defendant and the KB industry supervisor, upon the request of the KB industry.

(hereinafter referred to as “instant special agreement for progress payment”). B.

A written agreement on confirmation of ownership and the preparation of the order of execution of the monetary loan agreement of this case on March 22, 2013 on the date of payment for the total weight of the raw materials as of March 22, 12013 (KG) and the date of completion of the contract of the monetary loan of this case, shall be as follows: