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Reasons
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(영문) 제주지방법원 2018.05.17 2016나7098
계약금 반환 청구 등
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1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. In the first instance court, the plaintiff filed a claim for the return of down payment and the claim for damages against the defendant according to the cancellation of the contract in the first instance court, the first instance court rejected only the claim for the return of down payment and the claim for damages, which only the defendant appealed against the part cited by the plaintiff. Thus, the subject of the judgment in the first instance court is limited to the claim

2. Facts of recognition;

A. On November 12, 2014, the Plaintiff: (a) subcontracted the network, information system, and intelligent cable management system (hereinafter referred to as “Cms”) from B companies among the Jeju Newcom Communications Corporation; (b) re-subcontracted the Defendant with the construction cost of KRW 173,880,00 (hereinafter referred to as “instant construction”) and re-subcontracted the said construction cost of KRW 173,880,00; (c) the advance payment of KRW 26,267,00 as of the business day after the conclusion of the contract; and (d) the intermediate payment of KRW 116,613,00 as of the intermediate payment of KRW 116,613,00 as of the date of the contract; and (e) the total amount of the intermediate payment of KRW 147,613,00 as of the date of the contract; and (e) the amount of the advance payment and the intermediate payment of KRW 16,130,00.”

In light of the evidence of this case and the purport of the entire pleadings, “Cms construction” appears to mean the completion of software construction works, such as items, etc. In addition, “within December 15 of the completion of the supply of goods,” and “the remainder of KRW 31,00,000,000,” respectively, agreed to pay “the end of the following month after the completion of the delivery of cms.”

The Defendant supplied all the remaining goods except for “Cms Construction,” and the Plaintiff paid all of KRW 142,880,000 (=26,267,000) to the Defendant for advance and intermediate payment (=16,613,000).

B. On November 2014, the Defendant re-subcontracted the instant part of the instant construction to C in KRW 19,900,000 for construction cost.

The defendant, which received from the plaintiff on January 27, 2015, shall have C the TPP room drawings, etc.

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