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(영문) 서울중앙지방법원 2019.09.06 2018가단5051238
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 26,490,650 and its amount from February 5, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 3, 2017, the Plaintiffs concluded a contract with the Defendant managing the E-building office by stipulating that the construction name of the construction work for the construction work for the construction of a new building on the land F, G, and H (hereinafter “new construction work of this case”; the construction cost of the newly constructed building is “341,363,00 won”; the construction cost of the construction work is “341,363,00 won”; the construction size and size of the construction work is “the first floor, the third floor (including multi-section) above [including multi-section] = 82 square meters; and the completion date of the construction work within four months from the commencement date of the construction work.”

B. However, on June 1, 2017, there was an agreement between the Plaintiffs and the Defendant to increase the construction cost of the instant contract in KRW 20 million. On June 15, 2017, the Plaintiffs and the Defendant concluded an additional contract with the construction name of the construction project, stating that “the construction cost of the instant contract is KRW 361,363,00,” “the construction cost of a new house of two parcels outside of Yongsan-si”, “361,363,00,” “the construction size and area of the underground first floor, the third floor (including multi-story) above the ground level” = 84.2 square meters, “the completion date of the instant contract is changed to the first patrol officer on October 30, 2017” (after this change to the first floor on February 15, 2018).

(hereinafter referred to as the “instant contract”) on April 3, 2017 and June 15, 2017.

Plaintiff

On December 29, 2017, A agreed to pay an additional amount of KRW 7,500,000 to the Defendant for the increased rooftop size of KRW 1.5 square meters during the process of performing a new construction project, and agreed to bear the value-added tax (10%) on the construction cost.

The Defendant also designed the new construction of this case. On July 5, 2017, Plaintiff A paid KRW 5,500,000 in total value-added tax at the design cost to the Defendant.

E. As the construction cost of the instant construction project, Plaintiff A paid KRW 309,123,650,00 in total, including value-added tax, on July 5, 2017; KRW 68,272,60 on July 9, 2017; KRW 102,408,90 on August 23, 2017; and KRW 105,340,00 on December 1, 2017.

F. The plaintiff A is the Corporation of this case from the defendant.

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