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(영문) 대전지방법원 2020.12.08 2019가단127457
부당이득금
Text

The defendant's KRW 101,303,447 as well as 6% per annum from October 2, 2019 to November 10, 2020 to the plaintiff.

Reasons

1. Approved details of delivery: The Deputy C tax Director (the place of delivery D, E): from March 4, 2019;

4. Until 30.30. (Contract Amount to be modified according to the progress of construction): 204,192,380 won: (1) Payment of down payment (payment on the day of the contract) ① Payment of down payment of KRW 61,257,714 (payment on the day of the contract) ② Payment of the first intermediate payment of KRW 61,257,714 (at the time of completion of beeeled construction) ③ Payment of the second intermediate payment of KRW 40,838,476 (at the time of completion of the building outer wall board) ④ Payment period of KRW 40,838,476 (within 15 days after completion of construction and delivery) (The date of the contract and the date of delivery shall be the date specified in the contract

(2) Where it is impossible to commence the delivery commencement day without any cause attributable to the defendant, the delivery period shall be deemed automatically extended.

Article 7 (Extension of Delivery Period) (1) Where performing a contract is delayed due to any cause not attributable to the defendant, such as a cause attributable to the plaintiff, natural disaster, force majeure situation, imbalance of raw materials supply and demand, extension of the period due to design change, etc., the defendant may request the plaintiff to extend the Delivery

Article 19 (Cancellation, etc. of Contracts by the Plaintiff) (1) In any of the following cases, the Plaintiff may cancel or terminate all or part of the contract:

1. Where the defendant fails to commence construction works even after the lapse of the agreed commencement date without any justifiable ground;

2. The cancellation or termination of a contract pursuant to paragraph (1) shall take effect by notifying the Defendant of the cancellation or termination when the contract is not performed within the time limit after the Plaintiff notified the Defendant in writing of the performance period.

The Plaintiff entered into a contract with the Defendant around March 11, 2019 under which the Defendant supplies the tea equipment to the Plaintiff and provides the Plaintiff with the wastewater treatment-related services (hereinafter “instant contract”).

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