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(영문) 의정부지방법원 2015.02.12 2014가단6329
부당이득금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 32,254,118 as well as 20% per annum from February 22, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 13, 2007, the Defendant received from the Plaintiff a contract for the first minute construction (tentative, civil and reinforced concrete construction) of the construction cost of KRW 597,949,000 among the construction works that newly build a mutually beneficial interest source as a social welfare foundation (hereinafter “instant construction work”) at KRW 27, 207. On July 2007, when the first minute construction work is almost completed, the Defendant was awarded a contract for the second minute construction among the instant construction works at KRW 298,40,000 from the Plaintiff around July 2007.

(hereinafter referred to as “instant contract”, including both the first and second construction contracts. (b)

With respect to the instant contract, the Plaintiff remitted the payment of KRW 110,00,000 for advance payment on April 19, 2007, KRW 55,000,000 for advance payment on June 15, 2007, and KRW 11,000,000 for advance payment on June 15, 2007, and KRW 17 June 27, 2007 to each of the Defendant’s accounts. On July 13, 2007, the Defendant sought payment for the amount of KRW 129,176,600 for advance payment to the Plaintiff, and the Plaintiff paid KRW 130,00,000 for advance payment to the Defendant for advance payment (= KRW 110,000 for advance payment, KRW 5,000,000 for advance payment).

On the other hand, the defendant suspended the construction of this case on October 1, 2007.

C. Articles 31 and 32 of the instant contract provide that “the Defendant and the Plaintiff may terminate the instant contract on the grounds attributable to the other party.” Article 33 provides that “If the contract is terminated under the said Articles, the Defendant and the Plaintiff shall settle the construction amount of the completed portion without delay.”

During the period of filing a lawsuit against the Plaintiff for the claim for construction cost (the District Court Decision 2013Gahap2365) brought by the Defendant against the Plaintiff, the legal brief dated November 28, 2013, stating the Plaintiff’s declaration of intent to terminate the instant contract on the grounds of impossibility of performance due to the Defendant’s fault, was served on the Defendant on December 2, 2013.

E. Meanwhile, the Defendant’s expenses incurred in repairing defects among the parts constructed by the Defendant are KRW 3,692,700, and the Defendant’s above.

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