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(영문) 인천지방법원부천지원 2015.10.07 2015가단11528
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 22,303,890 as well as 20% per annum from May 27, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. Around December 2014, the Plaintiff awarded a contract to the Defendant for the construction of a new building (a neighboring living facility).

The main contents of the contract agreement shall be as follows:

The construction site: The construction cost of 57 million won from December 5, 2014 (Commencement of Construction) to January 15, 2015 (en payment): the first intermediate payment of 22.8 million won: the second intermediate payment of 17.1 million won: the remainder of 5.7 million won: 5 million won.

B. From December 10, 2014 to March 16, 2015, the Plaintiff paid KRW 41,700,000 to the Defendant in total as down payment, the first intermediate payment, and the second intermediate payment over several occasions.

C. However, the Defendant delayed construction due to the personal circumstances of the on-site manager and did not complete construction works within the agreed period, and suspended construction works without normally performing construction works even after the agreed period.

On March 20, 2015, the Plaintiff notified the Defendant to complete construction works within a reasonable period of time, but the Defendant did not comply therewith, and expressed the Defendant’s intent to rescind the instant construction contract on the ground of nonperformance. A duplicate of the complaint containing such declaration of intent reached the Defendant on May 26, 2015.

[Ground of recognition] Unsatisfy, Gap 1-4, 7 (including virtual number), the purport of the whole pleadings

2. The defendant's obligation to pay money

A. According to the fact that the obligation to return unjust enrichment was acknowledged, the instant construction contract was rescinded due to the Defendant’s fault.

On the other hand, according to the outcome of this court's entrustment of appraisal as to C, as of the time when the defendant suspended the construction work and the plaintiff cancelled the contract, the degree of the construction work that the defendant proceeded is equivalent to 23,626,916 (=36.8273%).

Therefore, the Defendant’s obligation to return KRW 13,803,890 to the Plaintiff within the scope of 18,073,084 (i.e., the amount received as the construction cost) (i., KRW 41,70,000,00- the amount received as the construction cost and KRW 23,626,916).

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