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(영문) 대전지방법원천안지원 2019.02.01 2016가합102002
부당이득금 반환 등 청구의 소
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate of KRW 6% from August 5, 2016 to February 1, 2019.

Reasons

1. Basic facts

A. On January 7, 2016, the Plaintiff entered into the instant construction contract with the Defendant (C) on January 7, 2016, consisting of E-Dongs and F-dongs of the restaurant usage located in Asan City (main office) (hereinafter “instant building”).

(2) The term “instant construction” (hereinafter collectively referred to as “instant construction”)

(2) On May 9, 2016, the Plaintiff and the Defendant drafted a construction contract (Evidence 2) with respect to the construction cost of KRW 571,50,000 (excluding value added tax) by oral means, at the time of the oral contract, for the construction period from January 7, 2016 to April 30, 2016. However, there is no evidence as to this (see the first two pages). However, the Plaintiff and the Defendant entered into a construction contract (Evidence 2) with respect to the construction work cost of KRW 571,50,000,00 (excluding value added tax). The main contents are as follows.

On the other hand, there is no dispute between the parties to the agreement that the area of the building in this case increases partly (15 square meters in size of the second floor area) compared to the time the contract for construction works was concluded orally at the time of the preparation of the above contract.

(3) The payment for the construction work was 686,400,000 won (including value-added tax).

[hereinafter] The construction contract for the construction project of this case, including the contract for the construction project with respect to approximately 15 square meters on the 2nd floor area of E-dong (main pipe) and 15 square meters: The construction contract for the new construction project of G building: E-dong for the construction project of building site and access road construction: 341.68 square meters (103 square meters): 132.75 square meters (40 square meters).

4. Period for construction: January 7, 2016, the completion of which is 2016.

5. Contract amount: The value-added tax amount of KRW 686,400,000 in daily gold (Won 686,400,000): The KRW 1,000,000 in daily gold: the KRW 1,000 in daily gold.

6. Contract deposit: Tricheon million won (Won 30,000,000 won).

7. The timing and method of payment of completed portion: It shall be paid on the basis of the technical value stated in the “Architectural Work Schedule” and the remainder 10% shall be paid after completion inspection.

10. The rate of liquidated damages: 1/1,000 per day (the schedule of construction work and the specifications of the construction price) (1) The defendant shall conclude a contract.

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