(영문) 대구지방법원안동지원 2020.09.15 2020가단20708

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원안동지원 2020.09.15 2020가단20708

부당이득금

Text

1. The defendant's 56,00,000 won to the plaintiff (appointed party), 42,000,000 won to the appointed party C, and each of them on March 13, 2020.

Reasons

1. Facts of recognition;

A. On November 30, 2018, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Defendant concluded a contract with the Defendant on November 30, 2018 under which the Plaintiff contracted construction works at solar power plants to be constructed on the ground of “Yju-si D and E,” and on the same day, the Plaintiff paid part of the construction cost to the Defendant.

B. On November 30, 2018, the Selection C and the Defendant entered into a contract with the Defendant on the contract for construction works of solar power plants to be constructed on the ground of “Yanju City F,” and on the same day, C paid the Defendant the amount of KRW 42 million as part of the construction cost.

C. However, the above construction works of each solar power plant did not proceed as opposed to neighboring residents. Accordingly, the Plaintiff, Appointed C, and the Defendant agreed to rescind all of the above contracts, and the Defendant agreed to return all the construction payments received to the Plaintiff and the Selection C by the end of December 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since all of the above contracts were cancelled, the defendant is obligated to pay to the plaintiff 56 million won to the plaintiff by restitution and to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 13, 2020 to the date of full payment, as claimed by the plaintiff, as it is after the payment date for each of the above amounts of KRW 42 million to the plaintiff.

The defendant asserts that he is liable to return only the remainder after deducting the expenses paid by the defendant from each of the above construction costs. However, since the defendant does not assert the specific amount of the expenses to be deducted, the above argument is rejected.

3. The plaintiff's claim for conclusion is justified and acceptable.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-서울중앙지방법원 2016.10.25 2015가단138399

-대구지방법원포항지원 2014.05.30 2013가합1964

-수원지방법원 2017.05.23 2016나62627

-대구지방법원안동지원 2014.12.10 2014가단3139

-서울중앙지방법원 2015.04.30 2014가합23077