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(영문) 서울고등법원 2017.03.08 2016재나554
부당이득금
Text

1. Of the lawsuits for retrial of this case, the part on grounds for retrial under Article 451(1)10 of the Civil Procedure Act is excluded.

Reasons

1. The facts under the following basic facts are remarkable or obvious in records to this court:

(2) Around December 2008, the Plaintiff was awarded a subcontract for the construction work of the Masco Construction Co., Ltd. (hereinafter “Masco Construction”) for the construction work of the Masco Construction Co., Ltd. (hereinafter “Masco Construction”).

3) On April 13, 2009, the Plaintiff entered into a supply contract with the Defendant to be used for the said interior works and supplied the other date. (B) The Defendant asserted that delivery of the other date was completed on August 2009, and filed a lawsuit against the Plaintiff seeking payment of KRW 15,180,500 in the remainder of the price of the goods, and received a favorable judgment on November 10, 201.

(Seoul Central District Court 201Gada182284) 2) The Plaintiff appealed against this (Seoul Central District Court 201Gadada182884). On October 18, 2012, the appellate court rendered a judgment dismissing the Defendant’s claim on the grounds that the Defendant’s remaining delivery date on December 31, 2009 was 15,180,500 won, and the Defendant’s remaining payment date on December 31, 2009 was 18,216,00 won (i.e., KRW 50,600,000 x 180 days x 0.2% x 0.2%) set-off against the Plaintiff’s delayed delivery (Seoul Central District Court 2012Na20101). However, the Supreme Court rendered a judgment dismissing the appeal on February 14, 2013 (Supreme Court 2012Da105810).

(hereinafter referred to as the “Prior Civil History case”).

The Plaintiff asserts that on December 26, 2012, the judgment subject to a retrial caused damages against the Defendant, Seoul Southern District Court Decision 2012Gahap23734, the Seoul Southern District Court Decision 2012Gahap23734, the damages arising from the domestic carpy supply of China, the damages arising from the damaged carpy supply of other days, the damages equivalent to the additional wages due to the delay in the supply of other days, the damages arising from the increase of work costs until the purchase of other days, and the damages equivalent to the amount of the reduced contract amount, respectively, (6).

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