logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.11.20 2014가단75451
부당이득금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,527,310 to the Plaintiff (Counterclaim Defendant) and its related amount from September 1, 2014 to November 20, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff is a person who operates the other construction business as an individual qualification, and the defendant is a construction company.

On May 29, 2013, the Defendant entered into a construction contract (hereinafter “instant contract”) with C Co., Ltd. (hereinafter “C”) on the following works (hereinafter “the instant works”). The Plaintiff and the Defendant’s representative director D were joint and several guarantors for C.

The contents of the contract of this case (armarization)

1. Name of the construction project: Tail among E-new construction works;

2. The construction site: Fable block of the Busan District captain-gun;

3. Period of construction: From May 29, 2013 to February 28, 2014;

4. Construction cost: 1,091,490,665 won (value 31,490,665 won of value-added tax of 1,060,000,000);

7. Period for warranty against defects: Three years.

8. Repair rate of defects: 5%.

B. On the same day as the above contract was entered into with C, the Defendant entered into a contract for the construction work in the same construction site (hereinafter “instant construction work”). (The contract date, construction site, construction period, defect security liability period, defect repair deposit rate, and other conditions, including value-added tax, are also the same as value-added tax, and the contract date, construction site, construction period, defect security liability period, defect repair deposit rate, etc.) and the Plaintiff and the Defendant’s representative director D were joint and several sureties.

C. Around February 28, 2014, the Defendant extended the construction period of the instant contract with C by April 30, 2014, and partially increased the construction price to KRW 1,137,837,255 (including value-added tax). Around August 14, 2014, the Defendant confirmed that the construction period was partially reduced to KRW 1,122,341,07 (including value-added tax), and received the full payment of the construction price.

The Plaintiff agreed with the Defendant to assume the role of the general manager at the construction site in the foregoing other work site, and performed duties such as the interference of the Plaintiff and the considerable portion of the procurement of materials.

E. The defendant shall issue the tax invoice of the above other company every month and receive the progress payment from C.

arrow