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(영문) 인천지방법원 2020.02.12 2018나65258
부당이득금
Text

1. Of the judgment of the court of first instance, the part against Plaintiff B ordering payment is revoked.

The Defendants are against Plaintiff B.

Reasons

1. Facts of recognition;

A. The plaintiffs are married couple, and the plaintiff A is engaged in interior and construction work under the trade name of "F" in subparagraph D and E of the Seoul Southernbuk-gu Seoul, and the plaintiff B is a building company with the second class architectural engineer's license.

B. On July 21, 2015, Plaintiff A and the deceased C (hereinafter “the deceased”) entered into a contract for construction works with respect to the construction work (hereinafter “instant construction work”) that newly constructs electric housing (hereinafter “instant housing”) in Incheon-gun G and H (hereinafter “instant construction work”) (hereinafter “instant contract”), and the main contents are as follows.

3. Commencement of construction period of 1) : Completion of construction on July 27, 2015; October 4, 2015: - The scope of construction works inside and outside construction sites (dried, walls, and floors) - The standards for calculating estimates - Other construction works included in the estimated statement: landscaping, fences, groundwater, septic tanks, livestock breeding farms, warehouses, parking lots roof-other construction works separately.

5. Contract amount of construction cost) 1.30,000,000 won: Value-added tax 3) Total amount: 130,000,000 won: Article 16 (Liability for Accidents) of the terms of the contract for the construction work of 130,000 won (Plaintiff A) shall be jointly liable for any accidents and criminal cases arising from the construction work of the principal and his/her employees, or any occupational accidents and criminal cases arising from the construction work of the third party, and shall be resolved promptly after the conclusion of the contract with the party A. Article 19 (1) (A) shall set the safety management cost in accordance with the standards for the safety management of the construction work and the standards for the appropriation and use of the safety management cost. (2) A shall be properly paid or jointly used under the management of the Party A after concluding the contract. (3) B shall, without delay, prepare the safety management cost, safety management plan and safety management cost meeting the standards for the use of the construction work, submit the plan for use, and use the safety management cost.

C. Plaintiff A completed construction under the instant contract and obtained approval for use on October 28, 2015, and Plaintiff A’s housing of this case against the Deceased.

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