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(영문) 서울동부지방법원 2014.01.16 2012가단35430
추심금 및 부당이득반환
Text

1. Defendant B’s KRW 15,600,000 as well as 5% per annum from June 29, 2012 to January 16, 2014.

Reasons

1. Facts of recognition;

A. On October 2010, a scenic comprehensive construction company (hereinafter “instant construction”) entered into a construction contract with Defendant C regarding new construction of multi-household housing (hereinafter “multi-household housing”) on the ground of Gwangju City (this land was first owned by Defendant C) (hereinafter “multi-household housing”) (hereinafter “multi-household housing”) with the construction cost of KRW 750,000,00, and the construction cost was to be paid in kind to three households among the above multi-household housing (hereinafter “the instant construction contract”). Defendant B jointly and severally guaranteed the Defendant C’s liability under the said construction contract.

B. In addition, a scenic comprehensive construction contract was concluded between Defendant B and Defendant B on the construction cost of the new construction of the E-ground neighborhood living facilities (hereinafter “instant neighborhood living facilities”) owned by Defendant B, with the content that the construction cost shall be KRW 500,000,000, and the construction cost shall be paid in kind to two households among the instant multi-household houses (hereinafter “the contract for the second construction project”).

C. On October 2010, scenic comprehensive construction was the new construction of multi-household housing in the instant case, around November 2010, and around November 2010, the construction of the instant multi-household housing in the instant case was commenced, and the construction of the instant neighborhood living facilities was suspended on December 2010.

After that, on January 27, 201, Defendant B paid KRW 275,00,00 to Defendant B’s stimulous comprehensive construction, only four households among the five households of the instant multi-household housing that were provided as the construction cost under the instant 1 and 2 construction contract, and the instant multi-household housing construction and the instant multi-household housing construction are not required to pay the funds until completion of the construction of the instant multi-household housing and the instant new construction of the neighborhood living facilities. On this occasion, Defendant B renounced the status of the instant contract for construction and the instant contract for construction until March 20, 2011.

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