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(영문) 부산지방법원동부지원 2019.01.30 2017가단210794

부당이득금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 32,590,00 and 5% per annum from August 1, 2017 to January 30, 2019.

Reasons

1. Facts of recognition;

A. The Defendants, as married couple, jointly operate construction business, such as artificial insemination, with the trade name of “D”.

B. On October 18, 2016, the Plaintiff awarded a contract to the Defendants for the construction of the second floor detached house (hereinafter “instant building”) on the Busan E’s ground, and thus only one of the Defendants is the contractual party, is not acceptable.

its key

Details are as follows:

(hereinafter referred to as “instant contract”; hereinafter referred to as “A” refers to the Plaintiff; and hereinafter referred to as “B” refers to the Defendants, respectively).

] 제5조(설계 변경에 의한 공사비 증감) “갑”은 필요하다고 인정한 때는 공사를 변경 또는 추가할 수 있다. 이 때 설계 변경으로 인하여 공사비를 증감할 필요가 있을 때에는 별도 내역서를 첨부하여 이를 증감할 수 있다. 단, 내역서의 단가에 의하여 증감함이 심히 부적당하다고 인정하거나 또는 내역서에 기재치 않은 것이 있을 때에는 시기를 참자갛여 “갑” “을”이 상호협의에 의하여 이를 정한다. 제6조(계약의 해지

1. (e);

The term “B” shall pay the penalty for delay for delay for construction equivalent to 3/1,00 of the total construction cost on every one day of delay with compensation for delay for the completion of the construction work within the said construction period. Article 10 (Settlement of Construction Costs) “A” shall strictly observe the date for the approval of the construction cost. In the event that the approval date of “A” is extended, “B” may extend the construction period. The amount before the beginning of the construction: The total construction period: the first installment payment by 20%: the total construction cost: the amount at 40% of the total construction cost: the amount at the beginning of the construction cost: the total construction cost at 30%: the remainder of the construction cost: the total construction cost at 10% of the total construction cost at the date of examination of “A”: the remainder of the construction cost at 12% of the total construction cost at the date of open opening after the examination of “A” (hereinafter referred to as “second contract”).

(b).