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(영문) 서울북부지방법원 2015.10.23 2015가단2505
부당이득금반환등
Text

1. The Defendant’s KRW 21,457,80 for the Plaintiff and 5% per annum from March 19, 2015 to October 23, 2015.

Reasons

1. Facts of recognition;

A. On November 22, 2014, the Plaintiff entered into a contract with the Defendant for interior works (hereinafter “instant construction”) with respect to “C” with the content that: (a) the construction period from December 5, 2014 to December 22, 2014; (b) the construction amount is KRW 25 million (including additional tax); (c) the daily wage for delay; (d) the Defendant may terminate the contract where the commencement and completion of construction are delayed without justifiable grounds.

B. With respect to the instant construction project, the Plaintiff paid KRW 2.5 million to the Defendant, the first intermediate payment of KRW 7.5 million on November 22, 2014, the first intermediate payment of KRW 7.5 million on November 27, 2014, the second intermediate payment of KRW 1.2 million on December 4, 2014, and the second intermediate payment of KRW 1.3 million on December 5, 2014.

C. On December 14, 2014, the Plaintiff decided to additionally install protruding signboards and sales bags with the Defendant, and paid the additional construction cost of KRW 2.3 million. The construction was not completed, but the remainder KRW 2.5 million was paid at the Defendant’s request on December 24, 2014.

The Defendant failed to complete the instant construction work even after the lapse of December 22, 2014, which was the term of contract construction, and suspended the instant construction work on December 31, 2014.

E. On January 5, 2015, the Plaintiff notified the Defendant that the instant construction work will be completed by January 9, 2015, and sent a certificate of content that the instant construction contract will be terminated without any separate indication of termination intention. The said certificate was served on the Defendant on January 6, 2015.

F. On January 10, 2015, the Defendant accepted the scrap at the construction site of this case, and the completion of the instant construction project is about 25%.

G. On January 12, 2015, the Plaintiff entered into a contract with D for the construction cost of KRW 20,450,000 and the construction period from January 12, 2015 to January 24, 2015 with respect to the tegical construction at the above tegical point. D completed the said construction on January 24, 2015.

[Reasons for Recognition] Each entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings

2. The plaintiff's request

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