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(영문) 서울서부지방법원 2015.05.01 2014가단204560
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 56,300,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The Geumcheon-gu Seoul Metropolitan Government government government ordered the Geumcheon-gu Seoul Metropolitan Government government government office to supply and demand construction of B above 19 parcels of land, and subcontracted the construction of machinery and equipment among the above construction works on December 22, 201.

In the course of the construction of the above machinery and equipment, the development of Seongbuk-si was bankrupt on November 12, 2012, and waived all of the remaining construction as of November 12, 2012. On the same day, settlement agreement was reached between the comprehensive construction of door lines, etc.

B. On November 22, 2012, the Plaintiff entered into a construction subcontract with the content that the remaining machinery and equipment construction works, which have been abandoned by the development of Seongdong land, should be determined from November 22, 2012 to March 22, 2013 as construction cost (including value-added tax) and the construction period from November 22, 2012 to March 22, 2013.

C. From among the machinery and equipment works executed by the Plaintiff, the Plaintiff entered into a contract with the Defendant on February 2013 to supply and install air conditioners (including value-added tax) with respect to the construction cost of KRW 91,300,000 (hereinafter “instant construction”). The Defendant completed all of the aforementioned air conditioners supply and installation works around July 31, 2013.

On May 6, 2013, the Plaintiff paid KRW 35,000,000 to the Defendant as the construction price for the instant construction work.

【Ground for Recognition: Facts without dispute; Gap evidence Nos. 1, 2, 4 (including each number), Eul evidence Nos. 1 through 4; fact-finding with the head of Geumcheon-gu Seoul Metropolitan Government; the purport of the whole pleadings

2. The Plaintiff, based on the judgment on the claim of the principal lawsuit, output the contract that the Defendant concluded with the Sung-si Development, following the construction of the machinery and equipment that was cut off by Sung-si Development, and then output it as is.

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