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(영문) 서울고등법원 2016.10.20 2015나17335
선급금
Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at building business, etc., and Defendant C is the actual representative of the Defendant Company.

B. On July 12, 2013, the Plaintiff entered into a contract with the Defendant Company for the construction of a new house and multi-family house on the D’s ground (hereinafter “instant construction”) with respect to the construction work of constructing a new house and multi-family house on the D’s land in Ansan-si, the Plaintiff owned by the Plaintiff, setting the construction cost of KRW 448 million (one hundred million in a single house, KRW 160 million in a multi-family house, and KRW 288 million in a multi-family house), and paid the Defendants KRW 3 million in a down payment.

C. From September 3, 2013 to June 18, 2014, the Plaintiff paid 280 million won to the Defendants as advance payment, and the Defendants partially performed the construction work.

On October 5, 2014, Defendant C drafted a written waiver of construction work (hereinafter “each of the instant notes”) to the Plaintiff, stating that “The Defendants renounced the construction work as of October 5, 2014, and the Plaintiff paid advance payment to the Defendants and the construction cost directly paid by the Plaintiff, after settling accounts after deducting the Defendants’ portion of the construction work progress, and the Defendants returned to the Plaintiff by October 31, 2014.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, 8, 9 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Under the Plaintiff’s letter of this case, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 123,347,05, and damages for delay thereof, calculated by deducting KRW 159,652,945, which is the construction cost incurred by the Defendants in connection with the instant construction work, from KRW 283,00,000,000, which was paid as the down payment and advance payment for

B. Defendants 1) Each of the instant notes was made by the Plaintiff’s coercion and revoked by Article 110(1) of the Civil Act. 2) The instant notes are valid.

Even if the Defendants were to perform the instant construction works, the Defendants were to perform total of 302,58.

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