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(영문) 서울고등법원 2014.10.22 2014나28192

부당이득금

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1. Of the judgment of the court of first instance, KRW 240,500,000 and this shall be 5% per annum from February 9, 2011 to November 23, 2012.

Reasons

1. The scope of this Court’s trial before remanding the Plaintiff, 240,500,000 among the instant claims at the trial before remanding the Plaintiff, and the remainder, excluding the Plaintiff’s claim for payment of 5% per annum from February 9, 201 to November 23, 2012, and 20% per annum from the next day to the day of complete repayment, were excluded from the scope of the party members’ trial, which became final and conclusive by the judgment of remand.

Therefore, the scope of this Court’s adjudication is limited to the above 240,500,000 won and to the above 5% per annum from February 9, 2011 to November 23, 2012, and 20% per annum from the next day to the date of full payment.

2. Basic facts

A. On April 8, 2008, E Co., Ltd. (hereinafter “E”) entered into a contract with C on the following terms: (a) on June 25, 2008, the Plaintiff and the company engaged in manufacturing industrial machinery and plant construction, etc.; and (b) on June 25, 2008, the Plaintiff entered into a contract with the Plaintiff to subcontract the mechanical installation works (hereinafter “instant contract”) to the Plaintiff (hereinafter “instant contract”).

Construction price: US$ 15,500,000 (payment of US$ 1,550,000 within 15 days from the date of the contract) - Construction period: The construction period commenced on June 16, 2008 and completed on April 7, 2010.

B. The instant construction was suspended at the rate of 15.8% on March 22, 2010.

On July 30, 2008, the Plaintiff received USD 775,000 as part of the advance payment from E, and received a promissory note of KRW 782,750,000 as the second advance payment on August 8, 2008, and thereafter received construction payment of KRW 2,48,00,000 in total until the completion of the construction work.

(The amount corresponding to the above percentage of the total construction cost). 【No dispute exists with the ground for recognition, Gap evidence No. 2, Gap evidence No. 6-9 (including the whole number), the purport of all pleadings.

3. The parties' assertion

A. The plaintiff's assertion is the defendant of this case.