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(영문) 서울고등법원 2017.01.20 2016나2027458

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

3. Period of construction: July 30, 2013: Date of commencement - September 15, 2013 (45 days).

4. Contract amount: KRW 80,000,000 in daily gold-making/Won (excluding value-added tax).

5. The method of paying the down payment: - The down payment of KRW 50,000,000 in the first down payment/Won - The remainder payment of KRW 30,000 in the first down payment/Won 30,000 shall be paid to the Defendant within two days after the contract for the construction works.

The remainder shall be based on the payment by the plaintiff in division to the defendant by December 31, 2013, but the repayment period may be changed according to the approval of the defendant after consultation in accordance with the status of the sales of the center.

6. Scope of construction: D dance center interior works (including works (including works equivalent to drawings) and change of use) - Sound apparatus and equipment /OA apparatus, furniture/communication room expenses, apparatus (raphonephones, telephone lamps, etc.) / air conditioners, screen / cooling machine projectors, screen / air conditioners, and cooking apparatus/dplate props;

7. Defect repair period: One year from the date of completion, and any defect caused by a natural disaster or the management of the plaintiff may be separately claimed.

◆ 특약사항

1. The purpose of the contract cultivation of the main construction is to participate in the globalization of the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Dgs, and the defendant shall enter into a contract and execute the work of the manual with priority

2. The Plaintiff of the D Center and the head of the Center shall pay to the Defendant the difference between the contract price and the balance of the installment repayment, out of the construction price calculated on the basis of the submission estimate of the principal school, if the Plaintiff does not perform the obligation at the opening point of each branch school.

3. The terms and conditions of the special agreement correspond to this agreement, and the plaintiff of the Center and the head of the Center agree that the defendant has legal rights as to paragraphs 1. and 2. in the event of the plaintiff's unilateral default.

4. The actual cost of construction works shall be presented at the time of delivery of design documents, as the cost of the construction works is contracted due to the characteristics of the construction works.