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(영문) 부산지방법원 2020.05.06 2018가합45400
부당이득금
Text

The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 317,460,267 as well as the amount from February 3, 2018 to May 6, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was established on February 23, 2006 for the purpose of housing construction business, etc., and the Defendant was established on August 30, 2004 for the purpose of soil construction business.

B. On May 15, 2017, the Plaintiff entered into a contract with the Defendant on May 15, 2017, with the following content as follows: (a) the construction of a new construction of the Busan Young-gu C Ground D Apartment (hereinafter “instant new construction”).

Of the above contracts, the construction of soil and underground facilities was contracted (hereinafter referred to as “instant contract”) and the construction of soil and underground facilities (hereinafter referred to as “land and underground facilities construction”) which is the object of the instant contract.

(b) Standard contract agreement on private construction works;

1. The name of the construction project: The name of the subcontracted project for new construction of a DNA apartment: Earth and Home Facility;

2. The construction site: Busan Young-gu C (hereinafter referred to as "the construction site of this case").

3. Date of the beginning of the year: May 22, 2017: The date scheduled for completion: October 31, 2017 (four months from the date of commencement from the date of completion of the base destruction).

5. Contract amount: Wages calculated pursuant to Article 88 (2) of the Framework Act on the Construction Industry and Article 84 (1) of the Enforcement Decree of the same Act, fixing a daily deposit of KRW 1,220,000 (Additional dues of KRW 30, tax exemption of KRW 70);

8. A completed portion: At least once a month (at a rate corresponding to the base rate).

9. The item and quantity of the materials to be paid 10. Warranty liability (in the case of a complex type of work, classified by type of work) 10. The ratio of warranty bond for each type of work (in the case of a complex type of work, classified by type of work) and the ratio of warranty bond for defect liability 1,220,000,000 (3) 36,600,000 % under the Enforcement Decree of the Framework Act on the Construction Industry at 11. The ratio of liquidated damages : Article 16 (Extension of Construction Period): 0.1% (Extension of Construction Period) (1) Where the performance of construction work is delayed due to any cause not attributable to Party A (the plaintiff; hereinafter the same shall apply), such as natural disaster or force majeure, situation of raw materials, imbalance in supply and demand for raw materials, etc. (the defendant

(2) Where a request is made for extension of the contract period as referred to in paragraph (1), A shall do so.

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