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(영문) 수원지방법원 2015.09.10 2014가합9383
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 46,050,000 to the Defendant (Counterclaim Plaintiff) and its related amount from May 22, 2015 to September 10, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 21, 2013, the Defendant entered into a construction contract with the Plaintiff for a new member of the Committee (hereinafter “instant construction”) located in Seongbuk-gu, Sungnam-si, and with respect to the building of the “D member” (hereinafter “instant building”) as follows: (a) the construction cost of KRW 73,50,000 (including value-added tax) and the construction period of the building from October 21, 2013 to December 15, 2013 (hereinafter “instant contract”).

Standard subcontract form of construction works

1. Project owner: New construction works of "D Council members" in Sung-nam;

2. The name of the subcontracted project: The name of the construction project in Sungnam-si C.

4. Period of construction: Commencement on October 21, 2013, and completion on December 15, 2013: Contract amount: 73,500,000 (including VAT).

6. Payment of the price: The payment of the price for delay on March 1, 199 after confirmation of the partial construction work: The payment rate for delay on March 11 after completion of the construction work: 10% (based on one day) of the contract amount: Article 24 (Performance Delay) of the General Conditions for the Subcontract of Construction Works (based on one day) ① When the plaintiff fails to complete the construction work within the deadline for completion as stipulated in the contract, the payment shall be made in cash by multiplying the contract amount by the rate

Article 25 (Cancellation and Termination of Contract by Plaintiff Defendant) (1) In cases falling under any of the following subparagraphs, the Plaintiff or Defendant may cancel all or part of the contract concerned when the contract is not performed within the said period after giving written notice for the execution of the contract (day or month) by setting a period:

1. Where the plaintiff or defendant is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. Where it is clearly deemed impossible to complete the construction within the construction period due to the plaintiff's fault, such as dishonor or bankruptcy.

3. Where it is impossible for the defendant to complete the construction work due to its violation without any justifiable reasons; and

4. The plaintiff is without a justifiable reason.

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