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(영문) 수원지방법원 2017.09.28 2016나78592
부당이득금반환 및 손해배상 청구
Text

1. All appeals by the plaintiff and defendant B are dismissed.

2. The costs of appeal shall be borne by each party.

purport.

Reasons

1. Grounds for the court’s explanation concerning the instant case by the court of the first instance

A. 2) Paragraph 2 of Article 420 of the Civil Procedure Act is the same as the part on the grounds of the judgment of the court of first instance except for adding the following contents at the end of the judgment. Thus, [Additional part] [The defendant's attorney] [The defendant's attorney]'s representative, according to the appraiser E's appraisal, since the construction cost actually invested by the defendant B corporation exceeds KRW 241,373,000,000 and the construction cost paid by the plaintiff to the defendant B corporation exceeds KRW 230,000,000, there is no construction cost to be returned to the plaintiff. However, where the contract for construction is rescinded without the completion of the construction work and the construction cost must be settled based on the completed construction cost due to the termination of the contract without the contractor's completion, the construction cost should be calculated by applying the agreement and the construction cost ratio calculated based on the construction cost actually required or to be required to complete the completed construction cost (see, e.g., Supreme Court Decision 200Da3940699, Feb. 206.

2. Then, the judgment of the court of first instance is legitimate, and all appeals by the plaintiff and defendant B are dismissed as it is without merit. It is so decided as per Disposition.

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