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(영문) 서울중앙지방법원 2017.09.19 2016가합516405
부당이득금
Text

1. The Defendant’s KRW 3,098,180 with respect to the Plaintiff and KRW 5% per annum from December 9, 2016 to September 19, 2017.

Reasons

1. Basic facts

A. With respect to the construction of a new building D (hereinafter “instant construction”) on the land outside Seo-gu Incheon, Seo-gu, and 2 lots of land (hereinafter “instant construction”), B contracts for the construction of a new building to the Plaintiff (hereinafter “instant construction”), between the Plaintiff and the Plaintiff on January 11, 2012 following the comprehensive construction in trust, the comprehensive construction in trust, and the construction in EM comprehensive construction in trust, and the construction period from January 18, 2012 to May 30, 2012 (the termination date of the construction was finally extended to July 20, 2012 under a modified contract over two occasions). The construction price was KRW 6,971,90,000 ( separate value-added tax) and KRW 340,000,000, and KRW 200,000,000, 200, 2000, 200, 2000, 200, 2000, 2000, hereinafter “the instant construction deposit”).

B. On January 16, 2012, immediately after the conclusion of the instant contract, the Plaintiff prepared a letter of undertaking (Evidence 5) to the effect that the Plaintiff calculated the construction cost for each item of work, such as the specific type of work and the insurance premium and expenses, etc. disbursed with the Defendant on January 16, 2012, and that the total amount of the instant construction cost shall be determined as KRW 6,010,000,000 for the entire price of the instant construction work, and that “the final decision shall be made as KRW 6,000,000” (hereinafter “instant subcontract”).

(2) The Plaintiff intended to obtain the benefit equivalent to the difference between the contract price under the instant subcontract and the subcontract price under the instant subcontract through the instant blanket subcontract. However, the Plaintiff’s position as the Plaintiff’s site manager is likely to cause a problem if such fact is known to B as the contractor.

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