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(영문) 서울고등법원 2021.01.13 2019나2044010
부당이득금
Text

The judgment of the court of first instance, including the changed principal claim, the changed principal claim and the changed principal claim and the additional counterclaim claim, is followed.

Reasons

(A) Work period: 10% of the construction amount (payment after a contract) from March 24, 2017 to July 24, 2017;

C. On February 2017, the Plaintiff paid KRW 176 million (including value added taxes) to B as the down payment under the former construction contract.

(d)

On May 18, 2017, the Plaintiff entered into a contract for the construction of the instant hotel (hereinafter “instant contract for the construction”) with the Defendant (D Co., Ltd.) for the construction work (including value added tax) fixed as KRW 1,389,300,00 (hereinafter “instant contract for the construction work”). On the same day, on the same day, the Plaintiff entered into a separate contract for the construction work (hereinafter “contract for the construction of the instant hotel”) under which the interior work among the new construction works of the instant hotel is set as KRW 370,700,000 (including value added tax) and the construction work is set as KRW 370,70,000 (including value added tax) to be subcontracted to B.

The instant construction contract includes the following:

* The date of commencement: May 22, 2017 * the date scheduled for completion: the contract amount: 1,389,300,000 won (including value added tax) * the completed amount: monthly payment according to the progress rate, excluding any balance, 30% of the total terms and conditions of the contract for private construction works (Adjustment of the contract amount due to a modification of a design) (1) If the contents of the design do not coincide with the state of the construction site, unclear, incomplete or erroneous, or the installation of additional facilities is required due to a modification of the project plan, etc., the plaintiff must modify the design.

(2) Where an increase or decrease in the volume of construction works has occurred due to the modification of a design under paragraph (1), the contract price shall be adjusted according to the following standards, and the construction period shall be extended or shortened,

(hereinafter referred to as each subparagraph omitted) Article 34 (Cancellation, etc. of the Plaintiff’s Contract) (1) In any of the following cases, the Plaintiff is entirely a contract:

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