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(영문) 서울중앙지방법원 2019.07.17 2019가합514578
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 6, and 9 (including a branch number; hereinafter the same shall apply).

On September 27, 2012, the Plaintiff is a housing association established by the head of Gwangju Metropolitan City North Korea on September 27, 2012, and the Defendant is a company with the purpose of civil engineering, building, housing construction, etc.

On August 29, 2014, the Plaintiff entered into a contract agreement with the Defendant and Gwangju Northern-gu Seoul Northern-gu under which the construction cost of KRW 92,160,000,000 (excluding value-added tax) and 30 months (excluding the period of excavation and investigation of cultural heritage) from the date of actual commencement of the construction period (hereinafter “instant contract”). The relevant main contents are as follows.

Article 5 (Contract Amount for Construction Work) (1) Contract amount for Construction Work shall be KRW 92,160,000,000,000,000 for daily gold-gu.

(2) The construction contract amount under paragraph (1) that the Plaintiff is obliged to pay to the Defendant shall be the unit price of 3.3058 square meters per total floor area of the building (the unit price for construction) and the unit price shall be 3.3058 square meters per 3.3058 square meters per 3.3058 square meters (the unit price for construction).

(A) The construction project for the expansion of balcony shall be entered into a separate contract, and the construction contract amount shall be 3.3058 square meters per 3.3058 square meters per total floor area of the building, and the unit price shall be 3.3058 square meters per 3.3058 square meters per 3.3058 square meters (30,000 won, value-added tax separately).

On March 24, 2015, pursuant to Article 5(4) of the instant contract with the Defendant, the Plaintiff entered into a contract on the construction cost of KRW 9,035,00,000 (excluding value-added tax) with respect to the expansion of balcony and options construction for the previous generation (hereinafter “instant balcony extension contract”) and for the same 30 months from the date of the actual commencement of the construction period (hereinafter “instant balcony extension contract”).

The defendant shall file a objection on September 2017.

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