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(영문) 부산지방법원 2014.02.12 2013가합10218
부당이득금반환 등
Text

1. The plaintiff's claim against the defendant North-gu Busan Metropolitan City is dismissed.

2. Defendant Sung Chang Construction Co., Ltd.

Reasons

1. Basic facts

A. On June 29, 2010, Defendant Northern-gu ordered the construction of a project for creating ecological corridor for the connection project with Manduksan-ro in Busan Metropolitan City (hereinafter “instant original construction”). On June 29, 2010, Defendant Sung Chang-gu entered into a contract for construction work (hereinafter “instant original construction contract”) with Defendant Sung Chang-ro Construction Co., Ltd. (hereinafter “Defendant Sung-gu”) by setting the construction cost as KRW 545,684,050 with respect to the instant original construction as KRW 545,684,050.

B. On August 11, 2010, Defendant Sung Chang-joon concluded the instant subcontract agreement (hereinafter “instant subcontract agreement”) with the Plaintiff, setting the construction cost of KRW 262,900,000 with respect to the instant construction works among the original works (hereinafter “instant construction works”).

C. The construction cost of the instant prime contract was KRW 726,540,000, and the construction cost of the instant subcontract was increased to KRW 390,000,000, respectively, and each of the said construction works was completed on June 11, 201, which was finally agreed upon through each modification contract, and the inspection for use was completed on June 13, 201.

On September 16, 2012, the aforementioned pre-use inspection: (a) left the construction site of this case due to the impact of typhoons, and (b) on the same day, part of the retaining wall of the instant completed part of the instant completed part of the construction, and earth and sand flow out; and (c) on May 22, 2013, Defendant Northern-gu sent to Defendant Sung-gu an official letter demanding the repair of the collapse of retaining wall of the reinforced land to Defendant Sung-gu.

E. The plaintiff completed the above reinforced earth's collapse repair work by performing the above reinforced earth's retaining wall. The construction cost requires KRW 127,050,000 as the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including, if any, additional evidence No. 1; hereinafter the same shall apply), Gap evidence Nos. 7 and 10, Eul evidence No. 1, the result of the on-site inspection by this court, the purport of the whole pleadings

2. A claim against the defendant North Korea-gu (a claim against the main defendant).

A. The plaintiff's assertion is due to a natural disaster and materials provided by the defendant's sexual window. The collapse of a reinforced wall, such as the basic facts stated, is due to a natural disaster.

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