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(영문) 서울중앙지방법원 2018.09.12 2016가합539231
부당이득금
Text

1. The Defendant’s KRW 208,810,171 as well as the Plaintiff’s annual rate of KRW 6% from July 14, 2016 to September 12, 2018.

Reasons

1. Basic facts

A. On June 7, 2013, the Plaintiff entered into and completed a construction contract. The Intervenor joining the Defendant (hereinafter “ Intervenor”) (hereinafter “ Intervenor”).

(A) A ground logistics warehouse building (hereinafter referred to as “the warehouse building of this case”) at the time of inside of the territory of

(C) the construction of the site and packing the access roads to the site (hereinafter referred to as “the construction of the site”) is called the instant construction project.

(C) the contract under this case’s contract.

The main contents of the contract were as follows: Chapter 1 - Part A of the contract terms) the background of the Intervenor (1) to the contracting party to the contract (hereinafter referred to as the “Contractor”) (hereinafter referred to as the “contractor”) (hereinafter referred to as the “contractor”) was finally designed, implemented, and maintained by the contractor, and the contract owner accepted the tender of the contractor for the design, implementation, completion, and repair of defects in the contract.

2.2.1 The following documents shall constitute part of this Agreement and shall be interpreted as part of this Agreement:

(a) A written confirmation is not allowed unless (b) this contract is confirmed in writing by using the order form for the alteration or the order form for the alteration of the construction. (c) the contract terms and conditions (d)(f) - Part 2 of the proposal of the contractor (f) - the contract terms and conditions relating to the special terms and conditions (b) - the FIDIC Redbuk 1999.

The contractor is responsible for the design and engineering required for the preparation and execution of the works under this contract, such as temporary facilities, construction drawings, cooperative drawings, comparative tables, invoices, Formula 2, etc., and also is responsible for the design and engineering for the works to be prepared or proposed by the contractor in order to obtain approval from the project owner, such as value engineering and construction proposal.

In order to check the accuracy of structural design, the ordering person shall provide structural design elements and data, and time from June 10 to July.

A design fee contractor shall be KRW 210,000,000 as remuneration for the implementation design service.

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