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(영문) 광주지방법원 2017.04.27 2016가합57941
선급금반환등
Text

1. The Defendants jointly share the Plaintiff A with KRW 105,840,000, and KRW 63,504,000 on the case of the Plaintiff limited liability company, and the Plaintiff.

Reasons

1. Basic facts

A. On May 29, 2015, the Plaintiffs organized a joint supply and demand organization with the shares of Plaintiff A1/2, the shares of Plaintiff A 3/10, the shares of Plaintiff A 3/10, and the comprehensive landscape of the Plaintiff - limited liability company (hereinafter “Plaintiff -limited liability company”) 2/10 shares, and received B construction works from the person placing an order on May 29, 2015.

B. On November 1, 2015, the Plaintiffs entered into a subcontract with Defendant Dowon Construction Co., Ltd. (hereinafter “Defendant Dowon Construction”) and B’s construction to ensure that the contract amount is KRW 3,754,300,000, and advance payment is in accordance with the terms and conditions and ratio thereof within 15 days from the date of receipt from the ordering person or the contract date.

The part of the agreement on advance payment among the instant subcontract is as follows.

Article 33 (Advance Payment) (1) The principal contractor (Plaintiffs) shall pay the advance payment to the subcontractor (Defendant Dowon Construction) in accordance with the terms and conditions prescribed in this contract.

(7) An advance payment shall be settled according to the following formula whenever the price for a completed portion is paid:

- Prepaid amount = Prepaid amount 】 (amount equivalent to the price for the original portion ¡À Contract amount)

C. On March 15, 2016, Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”) issued an advance payment guarantee amount of KRW 142,208,00,00, the guarantee amount of which the Plaintiff Specialized Construction Mutual Aid Association is the guarantee creditor, KRW 85,324,80, the guarantee amount of which the Plaintiff Specialized Construction Mutual Aid Association is the guarantee creditor, and KRW 56,883,20, the guarantee amount of which is the guarantee creditor, and KRW 56,83,200, respectively.

(hereinafter referred to as the “each guarantee contract of this case”). Of each guarantee contract of this case, the part of the agreement on the Defendant Union’s liability for guarantee is as follows.

Article 1 (Guarantee Responsibility) (1) The defendant Union shall be responsible for a contract on the front of which the contractor (hereinafter referred to as the "contractor") is liable.

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