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(영문) 서울고등법원 (춘천) 2018.11.28 2018나669

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance, which partially accepted the part of the judgment, is the same as that of the judgment of the court of first instance, except for the following “a supplementary or supplementary part,” and thus, it is acceptable in accordance with the main sentence of Article 4

2. The following shall be added to the 7th 12th 7th 12 of the judgment of the first instance, which is added or added:

As seen earlier, “The payment of KRW 297 million in the first intermediate payment under the instant contract is not paid in relation to the specific advance payment, and KRW 297 million in the second intermediate payment on May 20, 2016; KRW 297 million in the third intermediate payment on June 7, 2016; KRW 297 million in the third intermediate payment on June 23, 2016; and KRW 297 million in the third intermediate payment on June 23, 2016; and the payment of KRW 15,000 in the first intermediate payment on June 23, 2016 is a part of the construction cost paid in relation to the entire construction project; thus, “If the contract is rescinded or terminated after the payment of advance payment, the Defendant is obligated to return the unpaid amount of the construction cost to the Defendant immediately after the payment of the said advance payment by 15,000,000 won on the premise that the payment of the said advance payment would remain due to the absence of special circumstances.”