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(영문) 대전고등법원 2015.07.22 2014나11176
양수금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's primary claim corresponding to the revoked part shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for construction cost equivalent to KRW 180,000,000 against the Defendant (in the first instance trial, a claim which primarily causes a direct claim for construction cost under the Fair Transactions in Subcontracting Act due to the assignment of claims), and a claim for return of unjust enrichment equivalent to KRW 18,488,00,00 (a claim for the cost of construction cost under the Fair Transactions in Subcontracting Act) or for office management cost (a claim for the cost of construction cost). The first instance court partially accepted the claim for construction cost (a claim for acquisition cost) and dismissed the claim for return

Since the defendant appealed against this, the subject of the judgment of this court is limited to the claim for the construction cost, which was based mainly on the assignment of claims, and which was based on the direct claim for construction cost.

2. Basic facts

A. On May 14, 2012, the Defendant entered into a construction execution contract of this case, which delegates all the construction activities to B with respect to the land owned by the Defendant, the ASEAN and three parcels (hereinafter “instant land”) (hereinafter “instant execution contract”; the contract written at the time was entered into, “instant execution contract”; and the execution project under the said execution contract was carried out (hereinafter “instant execution project”); the main contents are as follows.

1. The defendant shall delegate all of the construction activities (such as design and supervision, construction work, sale in lots, lease contract, etc.) with respect to the land in this case to B.

3. The Defendant shall actively cooperate in the bank loans to meet the costs for construction works in the above construction works.

(Provided, That even during the construction, if there is a purchaser of land, the instant land will be sold. 4. The above construction cost shall proceed on credit, and the minimum construction cost (a loan to an urban-type residential house of a bank) shall be appropriated for loans from the bank of Korea, and the remaining construction cost shall be the commercial building and urban-type residential housing sales price and the rental deposit, etc.

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