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(영문) 수원지방법원 2018.10.12 2018가단503664
부당이득금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant seeking payment of the total amount of KRW 824,180,600, and damages for delay due to the contract for the extension of educational and research facilities in Seongdong-gun (hereinafter “instant construction”). The Defendant filed a counterclaim against the Plaintiff seeking compensation for damages in lieu of the repair of defects arising from the instant construction works and damages for delay.

[The District Court 2012 Gohap20256, 2014Kahap3774 (Counterclaim)].

On August 20, 2015, the court of first instance rendered a judgment (hereinafter “the judgment of the court of first instance”) as follows that partly admitted the main lawsuit and the counterclaim.

1. The defendant shall pay KRW 204,831,60 to the plaintiff simultaneously with the receipt of the letter of guarantee from the plaintiff 295,056,008.

2. The Plaintiff shall pay 295,056,008 won and 90,224,408 won among them to the Defendant at the rate of 5% per annum from November 21, 2013 to August 20, 2015, and 20% per annum from the next day to the date of full payment.

3. The plaintiff's remaining main claim and the defendant's remaining counterclaim are dismissed, respectively.

4. The costs of litigation shall be borne by the Plaintiff, while the remainder shall be borne by the Defendant, in total, 80% of the principal lawsuit and counterclaim.

5. The above paragraphs 1 and 2 can be provisionally executed.

C. On October 7, 2015, the Plaintiff deposited KRW 100,476,315 (hereinafter “instant deposit”) total of the amount to be paid by the Plaintiff to the Defendant according to the judgment of the first instance court by having the deposited person as the Defendant, as the Incheon District Court Decision No. 8573, Oct. 7, 2015, and the Defendant paid the full amount of the instant deposit on December 31, 2015.

Meanwhile, both the Plaintiff and the Defendant have lodged an appeal against the judgment of the first instance (Seoul High Court 2015Na25473, 2015Na25480). On April 11, 2017, the appellate court is obligated to pay the Plaintiff KRW 196,38,500 with the construction cost, etc. of the instant case, and the Plaintiff is substituted for the repair of defects.

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