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(영문) 서울동부지방법원 2017.11.24 2016가합103383
부당이득금
Text

1. The part concerning the claim for nullification of the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On October 15, 199, the Incorporated Foundation C (hereinafter “C”) entered into a contract with the Plaintiff (the trade name was D Co., Ltd. at the time, and was changed to E Co., Ltd. on May 4, 200, and was changed to the Plaintiff on November 3, 2000, and all of them were indicated as the Plaintiff, except where it is necessary to display otherwise; hereinafter the same shall apply) on October 3, 200, with respect to the construction of the FG G on the ground (hereinafter “instant construction”), the total amount of KRW 15 million, the construction cost of KRW 190,000, the construction period of KRW 1930,50,000, and the construction period of KRW 199,000,000,000,000,000 from October 25, 199 to September 30, 200 (hereinafter “instant performance bond”). The performance bond was paid from the Plaintiff to the Plaintiff.

B. When the construction of this case was delayed due to the shortage of business funds, petition of neighboring residents, etc., C entered into a modified contract with the Plaintiff on May 13, 2000, with the payment of the construction cost of KRW 38,610,000 and KRW 1,544,400,000 among the construction cost of KRW 1,93,500,000, and the construction cost of KRW 1,544,400,000, the construction cost of KRW 3,000 shall be executed from May 15, 200 to July 15, 200, and KRW 12,000 in the second stage construction work shall be subject to authorization and permission, and the renewal contract was concluded with the first contract of this case to enter into a new contract (hereinafter “instant contract”).

C. The Plaintiff discontinued construction work on December 6, 200, which was almost completed by the first phase construction, and on March 14, 2001, between C and C, the Plaintiff agreed to pay the construction cost for the Plaintiff’s work on the flag altitude at KRW 800 million (hereinafter “instant settlement agreement”). D.

C around January 202, 2002, “Around March 31, 2002, the Plaintiff paid the remainder of the construction to the Plaintiff by March 31, 2002, and returned the instant performance guarantee, and by June 30, 2002, paid the cost of the waiver of the construction by June 30, 2002.”

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