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(영문) 의정부지방법원 2016.10.06 2015가합54445
부당이득반환 청구의 소
Text

1. The Defendant’s KRW 233,743,69 as well as 6% per annum from March 18, 2016 to October 6, 2016 to the Plaintiff.

Reasons

1. Presumed factual basis

A. On November 201, 2013, the Plaintiff, including the conclusion of the instant contract, concluded each of the instant contracts (hereinafter referred to as “instant contract”) with respect to S&C Co., Ltd. (hereinafter “S&C”) and B (hereinafter “instant construction”). As for “W&C, the contractor, the Plaintiff, and the construction period from November 15, 2013 to April 15, 2014, the contractor, and the construction cost of KRW 3,500,000 (excluding value-added tax)” (hereinafter referred to as “instant contract”).

On April 25, 2014, the Plaintiff and LbC changed the completion date from April 15, 2014 to April 25, 2014, and changed the construction cost from KRW 3,500,000 (excluding value-added tax) to KRW 3,60,000 (excluding value-added tax).

B. Around December 2013, the Plaintiff, including the instant agreement, and the Defendant drafted “Agreement on the Execution of Construction Works” as to the instant construction works, and its main contents (hereinafter “instant agreement”) are as follows.

The plaintiff is allowed to use a corporate passbook used only for the construction of the case.

The defendant shall pay to the plaintiff KRW 200,000,000.

[Attachment, “Defendant 80%, Plaintiff 20%,” after the payment for the completed portion (by process). The Defendant’s payment for the completed portion paid in S&C by the ordering authority shall be made in a fair manner.

The plaintiff does not raise any objection to the subcontractor designated by the defendant.

The Plaintiff is obligated to purchase four major insurance policies for the instant construction project, and the Plaintiff will handle the instant construction project in the event of an industrial accident.

When the receipt for the premium is rejected, the defendant will pay it.

The plaintiff and the defendant shall submit evidential data on the payment of the construction price after consultation.

The defendant shall be liable for taxes incurred in relation to the amount paid to the defendant after the completion of construction.

The plaintiff shall issue a defective performance bond against the down payment to the orderer S&C.

[Ground of recognition] A.

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