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(영문) 창원지방법원통영지원 2015.05.14 2014가합1481
부당이득금반환
Text

1. The Defendant’s KRW 28,709,013 as well as the Plaintiff’s KRW 5% per annum from April 17, 2015 to May 14, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of the Jeonsese Passenger Transport Service, etc. in macro-si, and the Defendant is a stock company established for the purpose of engineering work, etc. in macro-si D.

B. On October 10, 2012, the Plaintiff concluded a contract for construction work with the Defendant, which sets the construction period from October 10, 2012 to November 30, 2012, with each of the construction cost of KRW 270,00,000 (Additional Tax; hereinafter the same shall apply), and entered into a contract for construction work that entrusts the Defendant with the construction of a garage site of KRW 1,568 square meters, E, etc. (hereinafter “instant construction”).

C. Since then, the Defendant requested the Plaintiff to modify the construction contract regarding the instant construction project, and the Plaintiff and the Defendant concluded a contract to modify the construction contract (hereinafter “instant construction contract”) on November 30, 2012, which delayed the date of completion and increases the construction cost to KRW 650,000,000 on June 30, 2013.

The Plaintiff paid the Defendant a total of KRW 650,00,000,000 on October 31, 2012, and KRW 75,000,000 on November 30, 2012, and KRW 300,000 on March 25, 2013, and KRW 228,000,000 on June 25, 2013, and the Defendant completed the instant construction work around that time.

E. According to the appraisal statement submitted by appraiser F to this Court on March 18, 2015, the actual construction cost of the instant construction project was calculated as KRW 463,701,980, referring to the market wage unit, transaction price, etc. according to the appraisal standard for construction cost.

【Non-contentious facts, Gap evidence 1 through 3, Eul evidence 1 and 2, construction costs of appraiser F and the result of defect appraisal, the purport of the whole pleadings

2. The plaintiff's assertion

A. For the following reasons, the Defendant shall return to the Plaintiff the 650,000,000 won paid from the Plaintiff as the price for the instant construction and the 186,298,020 won, which is the difference between the actual construction cost of the instant construction and the actual construction cost of the instant construction, and the delay damages therefrom, as unjust enrichment.

1. This case following the abuse of the power of representation by the representative director of the plaintiff.

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