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(영문) 부산지방법원서부지원 2019.07.25 2018가합101227
부당이득금
Text

1. The Defendant’s KRW 90,338,250 as well as 5% per annum from April 5, 2019 to July 25, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. 1) On August 2016, the Plaintiff entered into the instant new construction contract and the instant modified contract, and the Plaintiff’s establishment of the instant new construction contract and the instant modified contract, to the Defendant, who was on the Seocho-gu, Busan (hereinafter “instant building”).

) New construction works (hereinafter “new construction works of this case”)

(2) On September 8, 2016, the Plaintiff and the Defendant entered into a contract (hereinafter “the first contract”) with the term “the commencement date as of September 10, 2016 and March 31, 2017; the term “the scheduled completion date as of March 31, 2017; the term “the construction cost as of March 1, 2017; the value-added tax of KRW 1,670,000; value-added tax of KRW 167,000; value-added tax of KRW 167,000); and the term “one-one thousands,00 for delay penalty”; and the term “the first contract” as of September 20, 2016; the term “the commencement date as of September 20, 2016; the scheduled completion date as of April 30, 2017; and the construction cost as of KRW 1,897,50,000 (hereinafter “the supply price”).”

The rate of liquidated damages was set at 1/1,000 as the same as the first contract.

3) On October 19, 2016, the Plaintiff and the Defendant entered into a contract with the Ministry of Land, Infrastructure and Transport (KICON) to enter into a second contract. The remainder of the said two contracts is maintained as they are. However, the Plaintiff and the Defendant entered into a contract with the date of preparation as of October 19, 2016; the date of commencement as of October 24, 2016; and the date of completion as of May 31, 2017 (hereinafter “third contract”). The Plaintiff and the Defendant, at the time of the said second contract, entered a three-dimensional contract with the method of drawing up the lines on the existing date specified in the corresponding part of the said second contract and affixing the seals on both sides after entering the new date on May 3, 2017 (hereinafter “the period of construction work”). The Plaintiff and the Defendant concluded an extension of the existing contract from October 24, 2016 to July 31, 2017 (hereinafter “the last contract”).

The main contents of the fourth contract shall be as follows:

A contract agreement for construction of a building (revision)

3. Original construction period: the changed construction period from October 24, 2016 to May 31, 2017: 2016.

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