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(영문) 울산지방법원 2018.07.05 2016가단66690
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 32,609,890 to the Plaintiff (Counterclaim Defendant) and its related amount from October 19, 2016 to July 5, 2018.

Reasons

The main lawsuit and counterclaim are also examined.

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence No. 4, the evidence No. 16, and the purport of the entire pleadings.

A. On April 6, 2016, the Plaintiff and the Defendant concluded a construction contract for the construction work (hereinafter “instant construction contract”) with the content that the Plaintiff would contract the Defendant for the construction work of multi-family houses with ten households with a 4th floor size above the Ulsan-gun C ground (hereinafter “instant building”) in Ulsan-gun, Ulsan-do (hereinafter “instant construction work”).

B. On September 19, 2016, the Plaintiff and the Defendant agreed to perform additional construction related to the instant construction works, such as removal of reinforced concrete walls for multi-use rooms, and to pay the Plaintiff KRW 34,500,000 to the Defendant for additional construction costs (hereinafter “instant additional construction agreement”).

C. The Plaintiff amounting to KRW 100,00,000 on April 7, 2016, including the additional construction cost stipulated in the instant Additional Construction Agreement, as the instant construction cost, to the Defendant;

5.4.200,000,000

6. 100,000,000 won;

7.25.20,000,000

8.2.30,000,000

8.25.30,000,000

8.31.30,000,000

9. On October 18, 201, KRW 55,000,000, and KRW 595,000,000 were paid on October 18, 2016.

The Plaintiff underwent a completion inspection on January 17, 2017 on the instant building.

2. Determination on the main claim

A. For the following reasons, the Defendant is obligated to pay to the Plaintiff KRW 123,374,080 (= KRW 5,500,000) and delay damages therefrom ( KRW 56,100,000).

1) The instant construction cost was KRW 550,000,00, including value-added tax, and the additional construction cost under the instant additional construction agreement was KRW 34,50,000,00, including value-added tax. As such, the instant construction cost was KRW 584,50,000 in total, and the Plaintiff paid KRW 595,00,000 to the Defendant as the instant construction cost, and paid KRW 10,50,000 in excess of KRW 595,00 (=5,000,000 - KRW 584,50,000,000.

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