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(영문) 수원지방법원 2018.06.14 2016나72679
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 25,452,895 as well as to the plaintiff on June 1, 2015.

Reasons

1. Facts of recognition;

A. On March 26, 2015, the Plaintiff, as the owner of the C Apartment 618 Dong 1402, contracted the instant apartment construction (hereinafter “instant construction”) to the Defendant at KRW 83,886,000 of the construction cost (hereinafter “instant contract”).

B. After that, there was a dispute over the issue of construction cost, including additional construction, among the instant construction works, and the Defendant, on May 27, 2015, presented a written estimate of the construction cost of 118,98,000 construction amount to the Plaintiff, and the Plaintiff’s assertion of the construction cost of 118,98,000 construction amount was left against the Plaintiff, and the dispute continues to exist on May 30, 2015, such as presenting a written estimate of the construction cost of 88,017,360, and eventually the instant construction was interrupted on May 30,

C. The Plaintiff paid KRW 65,00,000 to the Defendant for the instant construction cost until the discontinuance of the instant construction work, and completed the instant construction work by entrusting another construction business operator with the remaining interior works after the discontinuance of the said construction work.

The main contents of the appraisal results of the appraiser E of the first instance trial on the construction project performed by the Defendant until the discontinuance of the instant construction project are as follows.

(1) Additional construction cost: (10,343,913 additional construction cost; (2) The total construction cost shall be calculated by applying 85% to the standard construction cost of the instant construction work at the time of the discontinuance of the instant construction work and the unit price of government-authorized price data unit price for the construction work (the contract amount of 83,86,000 won, 10, 343,913 won); (3) the total construction cost of the instant construction cost calculated by applying 94,229,913 (the contract amount of 83,86,000 won, 10, 343,913 won); and (3) the cost of the additional construction cost of each detailed contract of 35,951,913 won (including additional construction cost in the event of additional construction cost).

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