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(영문) 서울중앙지방법원 2013.01.17 2012가합62030
선급금반환
Text

1. The Plaintiff:

A. Defendant anchor Construction Co., Ltd shall pay the full amount of KRW 142,270,383 and its related amount from November 16, 2012.

Reasons

1. Facts of recognition;

A. 1) Conclusion of the instant subcontract 1) The Plaintiff and Han So-gu Public Co., Ltd. (hereinafter “Korea-do Public Co., Ltd.”)

On November 10, 2009, the Korea Land and Housing Corporation shall jointly conclude a contract for B apartment construction work with the Korea Land and Housing Corporation (the equity ratio is Plaintiff 80.9% and 19.1% of Korea Land and Housing Corporation).

2) The contract of this case (hereinafter “instant contract”)

(2) On April 13, 2010, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with Defendant Anchoring Construction Co., Ltd. (hereinafter “Defendant Anchoring Construction”) with respect to the structural construction among the above contracted construction works (hereinafter “instant construction”).

Standard Subcontract Agreement for Construction Works

4. Period: Period of construction: April 13, 2010 on the date of commencement, and November 13, 201 on the completion date: Contract amount: 7,307,176,118 won (including value-added tax, 7,176,118 won);

6. Payment of the price;

(a) Advance payment: (a) Contents and proportion thereto within 15 days after the conclusion of the contract: Provided, That this shall not apply within 15 days after the date of receipt by the ordering person (1,353,000,000 won when submitting a written guarantee); and

(b) Amount completed: Payment made once a month and within 60 days from the date of receipt of the object; and

C. Article 1 (Basic Principles), Section A (referring to the plaintiff; hereinafter the same shall apply) and Section B (referring to the construction of a defendant's anchor; hereinafter the same shall apply) of the terms and conditions for the subcontract of the construction work within 15 days from the date of the adjustment from the ordering person within 30 days from the date of the change of design, economic situation change, etc.

Article 22 (Advance Payment) (1) A shall pay advance payment to B as stipulated in the contract.

(2) If a person who originally placed an order receives any advance payment from the person who placed an order, he/she shall do so according to the contents and ratio of the advance payment he/she received.

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