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(영문) 서울중앙지방법원 2015.07.01 2015나8437
부당이득금 반환
Text

1. Of the judgment of the court of first instance, KRW 13,00,000 against the Plaintiff regarding the Defendant and its related thereto from December 29, 2008 to January 30, 2014.

Reasons

1. Facts of recognition;

A. On July 28, 2008, the Plaintiff entered into a contract with the Defendant’s introduction to determine the period of construction of machinery and equipment works (hereinafter “instant construction works”) from July 28, 2008 to April 30, 2009 between D and D and D, and 22 lots of ground E apartment construction works (hereinafter “instant construction works”). The Plaintiff entered into a contract with the Defendant that receives a subcontract for construction work at KRW 450,00,000 (excluding surtax).

B. Meanwhile, at the time of the instant construction contract between the Plaintiff and the Defendant, the Defendant completed the instant construction project under its responsibility, such as securing construction price, as the head of the field office, and the Defendant paid 5% of the total construction price to the Plaintiff (hereinafter “instant agreement”).

In addition, the Plaintiff delegated the Defendant with the authority to conclude the instant construction contract and receive the price.

C. On December 29, 2008, the construction project of this case notified the Plaintiff of the termination of the instant construction contract on the grounds that the progress of the instant construction project is delayed and the site manager does not contact.

Around December 30, 2008, the Plaintiff requested withdrawal of termination of the contract while notifying the same family clan case that he will faithfully implement the instant construction contract. On January 9, 2009, the Plaintiff and the same family clan case agreed to withdraw termination of the contract after having agreed on the content that the Plaintiff would proceed with the remaining construction works as scheduled, and would not raise an objection against the termination of the contract or the imposition of liquidated damages upon delay of construction works.

After that, the plaintiff was completed the construction of this case directly and continuously.

On the other hand, on August 26, 2008, the Plaintiff paid KRW 33,737,117 to F as the material price of the instant construction.

However, on August 27, 2008, the defendant, who had been conducting the construction of this case, is equivalent to KRW 18,802,009 out of the above material price.

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