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(영문) 수원지방법원 2016.04.21 2014가합66423
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 18, 2013, the Plaintiff awarded a contract to the Defendant for D D D D dance Center (hereinafter “instant dance center”) of the 9th floor of the C building in Mosung-si (hereinafter “instant construction”) with the following content:

(hereinafter referred to as “instant contract”). The construction period from July 30, 2013 to September 15, 2013: (a) the construction amount of KRW 80 million: (b) the contract amount of the construction amount of KRW 50 million: the remainder payment of KRW 30 million within two days after the contract for the construction: (c) the special contract amount of KRW 40,000: the payment by December 31, 2013; (d) the principal contract amount of the construction; (c) the development of KRW 15,00,000,000; (d) the development of KRW 7,000,000,000; and (d) the development of KRW 16,000,000,000; (d) the Plaintiff did not present 10,0000,0000,0000,000,0000,000,000.

2. Determination as to the cause of action

A. The Plaintiff’s claim for return of unjust enrichment was duly rescinded on December 11, 2013, where the content certification of December 10, 2013, which included the Plaintiff’s declaration of intent to rescind the instant contract due to the delay in construction by the Defendant, was delivered to the Defendant.

Until then, the Plaintiff paid 65,500,000 won to the Defendant as the construction cost, and the Defendant as of December 11, 2013.

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