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(영문) 대구지방법원 2014.11.27 2014가단24386

부당이득반환 등

Text

1. The Defendant’s KRW 23,89,550 for the Plaintiff and KRW 5% per annum from May 31, 2014 to November 27, 2014.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff asserted that, around January 2014, the Plaintiff entered into a subcontract with the Defendant to enter into a contract with the period from January 16, 2014 to March 30, 2014, with respect to the temporary construction, soil construction, steel construction, and concrete construction among the three-story building construction works in the Gyeongbuk-do neighborhood living facilities that the Plaintiff contracted with the Defendant, and the construction cost of the said construction cost of KRW 240,000,000, and the construction period of the said construction cost of KRW 138,870,000, as well as the construction cost of KRW 17,790,000,000, which are part of the construction cost, are merely 40% of the Defendant’s fair payment rate of KRW 33,270,000,000 [the construction cost of the Plaintiff’s excessive construction cost of KRW 138,870,000, 200, 4004]

B. Determination 1) According to the evidence No. 1 of the construction contract, the Plaintiff and the Defendant entered into a subcontract contract with the construction cost of KRW 240,00,00 (Additional Tax No. 20) as to the above construction work. 2) Plaintiff’s evidence No. 2-1 through 6, Gap evidence No. 3, Gap evidence No. 4-1, No. 2, No. 3, Gap evidence No. 5, Gap evidence No. 9-1, No. 15, and Eul evidence No. 1-2, comprehensively taking into account the overall purport of each pleading No. 1-2 from January 22, 2013 to March 11, 2014, Plaintiff’s total construction cost of KRW 80,870,000 (this part of the Plaintiff’s contract with the Defendant’s labor cost of KRW 20,000,000 for labor cost of KRW 17, 200.

The fact that the Plaintiff paid the amount of KRW 35,00,000,000 to the Defendant’s payment on behalf of the Defendant at the Defendant’s request from February 4, 2014 to March 21, 2014. However, the Defendant suspended the said construction around March 17, 2014; on the other hand, according to the construction contract, if the principal contractor pays the steel bars, etc., it means the settlement of reduction from the contract amount.