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(영문) 서울중앙지방법원 2015.01.09 2014가합14189

부당이득금반환등

Text

1. The Defendant: (a) KRW 97,715,00 for Plaintiff A; (b) KRW 116,795,00 for Plaintiff B; and (c) each of them, from September 5, 2014 to January 5, 2015.

Reasons

1. Basic facts

A. On October 1, 2013, the Plaintiffs concluded the instant construction contract with the Defendant and the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Construction Contract (hereinafter “instant construction contract”) under which the construction period is from October 7, 2013 to November 5, 2013, and the construction price is KRW 165 million (including value-added tax; hereinafter the same shall apply) (hereinafter “instant construction contract”).

B. The Plaintiffs paid the following amounts to the Defendant as the instant construction cost.

1) Plaintiff A: (i) KRW 10 million on October 29, 2013; (ii) KRW 10 million on November 1, 2013; and (iii) KRW 49.5 million on December 21, 2013; (ii) Plaintiff B (i) KRW 49.5 million on October 4, 2013; (iii) KRW 49.5 million on October 14, 2013; and (iv) KRW 9.9 million on the aggregate.

C. 1) The Defendant discontinued the instant construction project without any justifiable reason and did not comply with the Plaintiffs’ request for resumption of construction, even though it sent a content-certified mail containing the Defendant’s declaration of intent to terminate the instant construction contract on November 4, 2013, when only 30% of the scheduled completion date and 4 days prior to the scheduled completion date under the instant construction contract. The Plaintiffs did not contact with the Defendant up to now, such as sending it to the Defendant, but return. 2) The amount set forth in the sequence Nos. 135,00,000 for 1 E (original) and the construction cost for 135,000,000, 300, 00, 300, 00, 00, 00, 00, 24,750, 00, 30, 000, 000, 300, 07, 000, 100, 005, 2000.

[Reasons for Recognition] Each entry of Gap evidence 1 through 10 (including paper numbers), the purport of the whole pleadings

2. The plaintiffs.