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(영문) 대전고등법원 2016.11.17 2014나2738
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 170,2420,000 as well as to the plaintiff on March 2013.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the entries in Gap evidence 1, 2, 9-2, 11-8, 13-1, 15-3, 15-5.

On July 201, 201, the Plaintiff entered into a construction contract with J to build a new neighborhood living facility and a house with three floors above the ground of reinforced concrete structure on the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City (hereinafter “instant site”).

However, the J suspended the construction of the above facilities and housing and the construction of the first floor and the second floor.

B. On May 6, 2012, the Plaintiff entered into a contract with the Defendant for the construction of the building above the instant site (hereinafter “instant construction contract”) with respect to the construction work (hereinafter “instant construction work”).

The construction name: The construction scope of the Studio-Newly constructed construction project at the site of this case.

Of the construction parts entered in the port, the structural and floor are removed, and the construction cost of new multi-household housing (the first floor parking lot, the second-fourth floor room, the fifth floor stud house) of reinforced concrete building of 117.81 square meters in the building area is 310 million won: Completion of the construction period until October 15, 2014.

C. From May 7, 2012 to August 31, 2012, the Plaintiff paid a total of KRW 250 million to the Defendant as part of the instant construction cost.

Around September 2012, the Defendant suspended the instant construction work.

2. The assertion and judgment

A. In full view of the evidence stated in Gap evidence No. 4, Gap evidence No. 5, Gap evidence No. 7-1, No. 7-2, and Eul evidence No. 7-9, the appraisal result by the appellate trial appraiser K, and the purport of the whole pleadings, the defendant requested the plaintiff to pay the construction cost for the smooth progress of the instant construction project. Accordingly, the plaintiff paid the construction cost of KRW 250 million to the defendant. By the end of August 2012, the defendant completed the 1-4 structural frame of the instant construction from the end of the instant construction to the end of August 2012.

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