logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2014.06.27 2014가합135
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 98,417,929 and a rate of KRW 20% per annum from December 24, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 30, 2011, the Plaintiff entered into a prime contract. (1) On August 30, 2011, the Plaintiff is SK Construction Co., Ltd. (hereinafter “SK Construction”).

(3) LBO-L pipelines 54 United Nations IT Corporation (hereinafter referred to as “LBO Corporation”) in the context of “H-PO JECT” construction

(2) The Plaintiff was awarded a contract with the construction cost of KRW 1,499,00,00 (excluding value-added tax) and the construction period from August 30, 201 to January 31, 2012 (from May 31, 2012, the extension has been made). (2) On August 31, 2011, the Plaintiff determined that “NBO-distance Pipelines 54 UN IT Corporation” (hereinafter “NBO Corporation”; hereinafter “NBO Corporation”) among the “NBO PTRT Corporation” construction works (hereinafter “NBO Corporation”; hereinafter “instant construction work”) as the construction cost of KRW 1,731,00,000 (excluding value-added tax) and the construction period of KRW 1,731,00,000 (excluding value-added tax), from August 31, 2011 to January 31, 2012 (from August 31, 2011).

(B) The above contracts for the instant construction between the Plaintiff and the SK Construction (hereinafter referred to as “instant prime contract”).

(1) On August 30, 2011, the Defendant was awarded a subcontract for LBO construction from the Plaintiff for a period of KRW 1,394,00,000 (excluding value-added tax) and from August 30, 2011 to January 31, 2012. (2) On August 31, 2011, the Defendant was awarded a subcontract for the NBO construction from the Plaintiff for a period of KRW 1,606,00,000 for construction cost (excluding value-added tax) and from August 31, 2011 to January 31, 2012.

(The main contents of the instant subcontract agreement between the Plaintiff and the Defendant regarding the instant construction project are as follows. (3) The main contents of the provision on the price adjustment among the instant subcontract agreement are as follows.

Contract of this case

5. Payment of the price;

(c) The contract price may be changed due to any change in quantity, increase in quantity, or decrease in quantity, or any other cause as a result of a change in quantity, economic situation, etc., within 30 days from the date of adjustment, only if he/she has received an adjustment from the ordering person, within the scope of 30 days from the date of adjustment;

Matters of special agreement

7. Final.

arrow