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(영문) 대구고등법원 2017.08.16 2016나23824

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The plaintiff was the executor of the business of newly building and selling Gwangju Mine-gu C Apartment (hereinafter "the apartment of this case") around July 24, 2006. Around September 20, 2006, the plaintiff entered into a supervision service contract with the defendant about the new apartment construction of this case.

On April 208, the Plaintiff entrusted the above business to K non-Real Estate Trust Co., Ltd., and accordingly, the above trust company succeeding to the status of the executor of the above business entered into a contract with the Defendant on June 25, 2008, which was around the commencement of the new construction of the instant apartment (hereinafter “instant service contract”).

The main contents thereof are as follows:

7. Outline of construction works;

(b) Size: 8 Dong 499 households; and

(d) Building area: 5,102 square meters;

마. 연면적 : 105,200.0194㎡ 11. 계약금액 : 1,277,985,000원(부가가치세 포함) 12. 감리용역착수일 : 2008년 13. 계약기간 : 계약체결일부터 2011. 2. 28.까지(감리용역착수일부터 32개월) ◎주택건설공사감리용역계약조건◎ 제22조 (기성대가의 지급) ① 기성대가는 착수일로부터 매 3개월마다 정액으로 지급하는 것을 원칙으로 하되, 다음의 지급일정에 따른다.

However, a project operator shall make an application for usage inspection or approval for temporary use to be paid to the supervisor at least 90% of the contract price of supervision services, including the contract deposit and supervision expenses already paid by the supervisor by the time the supervisor affixed

In other words, on August 5, 2010, the Plaintiff succeeded to the status of the executor of the instant new apartment construction project from the above trust company, and entered into the instant service contract with the Defendant (hereinafter “the first modified contract”).

The main contents altered compared with the instant service contract are as follows.

4. Scheduled date of commencement: The scheduled date of completion on November 5, 2010: The contract amount on February 11, 2013: 1,357,985,000 won - the date of commencement of supervision services, including actual expenses and value-added tax;