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(영문) 창원지방법원 2018.04.26 2017가합51818
선금 반환
Text

1. The Defendant’s KRW 211,304,306 as well as the Plaintiff’s KRW 6% per annum from June 16, 2017 to April 26, 2018.

Reasons

1. Facts of recognition;

A. On October 26, 2016, the Plaintiff entered into a contract with the Defendant for the construction of a new housing complex building (hereinafter “instant construction”) under the following terms: (a) certificate No. 1; and (b) “the primary contract” between the Defendant and the construction of a new housing complex building (hereinafter “instant construction”).

3. Date of commencement: November 4, 2016: 10 November 10, 2017 (12 months from the commencement date);

5. Contract amount: 3,084,58,000 won (the supply price: 3,042,00,000 won, the additional tax amount: 42,58,000 won, and the cost of civil construction); and

7. End portion: (a) Payment shall be made by bank type each month; (b) Payment of the remainder of the construction work after completion shall be made within 14 days after completion.

B. On February 21, 2017, in order to raise the funds required for the instant construction project, the Plaintiff obtained a loan of project expense amounting to KRW 2,200,000 from the Korea National Credit Union (hereinafter “Seoul National Credit Union”) in the limit of KRW 2,200,000.

On the same day, the Plaintiff, the Defendant, and the Gyeongnam-do Union agreed to the effect that “the Plaintiff shall wholly delegate the act of withdrawing or remitting construction costs from the above project cost loan account to the person in charge of Gyeongnam-do. The construction cost shall be paid within three days from the date of commencement by the Defendant’s request for the payment of construction cost and by the construction work completion confirmation (or process confirmation) within one month from the date of receipt of the claim for payment.”

(Article 6(1) and (2), No. 13-3, of the Additional Agreement on Loan for Project Expenses.

On February 23, 2017, the Plaintiff entered into a contract with the Defendant for the instant construction project with the following content: (a) No. 13, hereinafter referred to as “the second contract”).

3. The date of commencement: April 4, 2017: The scheduled date of completion: March 31, 2018 (12 months from the commencement date);

5. Contract amount: 2,697,240,000 won (value of supply: 2,660,000,000 won, and value of additional tax: 37,240,000 won); and

7. Endd portion: (a) Payment shall be made on a monthly basis by bank. (b) Any balance of the construction works remaining after the completion shall be paid by the owner within one month after the completion.

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