(영문) 전주지방법원 2015.12.10 2015나222 | 리걸엔진

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(영문) 전주지방법원 2015.12.10 2015나222

부당이득금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. By means of a principal lawsuit and a counterclaim.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following parts which are either changed or added, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court "1,590,000 won" shall be "1,590,000 won", and part 14 of the judgment of the first instance shall be "the court of the first instance".

Part 4 of the judgment of the first instance court, "480,00 won" in Part 4 and Part 6 shall be "480,000 won", "130,000 won" in Part 7 shall be "130,000 won" under the same part, and "2 million won" in Part 1 shall be "2,00,000 won" under the same part.

The "480,000 won" in the 5th sentence of the first instance judgment shall be "480,000 won", and the "this judgment" in the 15th sentence shall be "the first instance judgment".

On the 6th judgment of the first instance court, the first instance court's "this court" is the "court of the first instance" in the statement of evidence No. 6.

The following parts shall be added between the six pages 12 and 13 of the judgment of the first instance:

“Around October 2010, the Plaintiff entered into a construction contract with F Co., Ltd. with a construction cost of KRW 245,00,000,00 (i.e., KRW 185,30,000 parking lots and KRW 59,700,00,00) as the construction work was commenced, but the construction cost increased as the design was added after the commencement of the construction work, and the construction cost increased accordingly, the Plaintiff asserted to the purport that the construction cost of the instant construction project was increased by 34,30,000,00 by increasing the construction cost of the instant construction project between the Defendant and F Co., Ltd. as the site agent (i.e., KRW 258,30,000,000) (i., KRW 219,60,000, KRW 38,400,000) and the additional construction cost was already included in the instant construction contract, thereby not complying with the Defendant’s claim for the additional construction cost.

The plaintiff is value-added tax of KRW 245,00,000 for construction cost between F and F around October 2010.

참조조문

-민사소송법 제420조

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