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(영문) 서울중앙지방법원 2014.02.12 2012가합78103
부당이득금반환
Text

1. The Defendant: KRW 68,354,976 for the Plaintiff and KRW 5% per annum from January 30, 2014 to February 12, 2014.

Reasons

1. Basic facts

A. On May 1, 201, the Plaintiff concluded a construction contract with the Defendant for the construction of the instant housing (hereinafter “instant construction contract”) with the cost of construction of KRW 180,00,000,000 for the new construction of the instant housing (hereinafter “instant construction”) on the ground of Hongcheon-gun, Hongcheon-do (as for value-added tax, KRW 10,000,000,000 shall be paid with advance payment, and the construction cost shall be paid according to the nature, and the remainder of 10,000,000,000 shall be paid after completion of construction), from May 1, 201 to September 1, 2011; the warranty period of two years; the warranty period of two years; the warranty bond of 3%; and the contract amount of 1/100,000 per day for delay compensation (hereinafter “instant construction contract”).

B. During the instant construction work, the Defendant did not agree with the Plaintiff regarding the details of the additional construction and the construction cost, etc., but suspended the instant construction work on August 201, 201. From September 201, the Plaintiff performed the remainder of the non-construction and some additional construction works during the instant construction work, and conducted a pre-use inspection on the instant housing on December 29, 2011.

C. Meanwhile, on the other hand, the Plaintiff’s construction cost of this case to the Defendant KRW 20 million on May 2, 2011,

5.13.20 million won;

5.25.20 million won;

6.9.20 million won;

6.23.40 million won;

7. On August 12, 201, 200, KRW 160 million (one million among them was directly remitted to Bosung Industrial Co., Ltd. that supplied ready-mixeds at the site of the instant construction) was paid, and the Defendant paid KRW 180 million additionally on August 12, 201, which was around the time when the instant construction was suspended and paid KRW 20 million in total, and paid the full amount of the construction cost stipulated in the original contract.

At the time of the conclusion of the instant contract, DNA Co., Ltd. (hereinafter “diar”) guaranteed the Defendant’s performance of the contract, and DNA Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) as the insured on April 29, 201.

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