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(영문) 수원지방법원안양지원 2017.11.03 2015가합104690
부당이득금
Text

1. Defendant C shall pay to the Plaintiff KRW 277,847,351 and the interest rate of KRW 15% per annum from June 4, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building D and E ground in Suwon-si, Suwon-si (hereinafter “instant building”).

B. On April 25, 2015, Defendant C submitted to the Plaintiff a “master plan to establish a long-term care hospital (tentative name)” with the contents of installation of facilities and equipment for medical treatment in a long-term care hospital for the aged and the extension of the rooftop thereof, after obtaining permission for a long-term care hospital for the aged.

C. On April 27, 2015, the Plaintiff and Defendant Dae-Hy Industrial Development Co., Ltd. (hereinafter “Defendant Company”) concluded a construction work standard contract with the following contents.

1. Name of the Corporation: Construction work of the F Welfare Facility for Aged;

2. Site location: Gu of Suwon-si.

3. The contract amount on July 31, 2015, the date the construction period commences on May 1, 2015, and on July 31, 2015: KRW 350,000,000 and value-added tax KRW 35,50,000.

D. On May 4, 2015, the Plaintiff and Defendant C entered into a contract for construction works for substantial repair (hereinafter “instant contract for construction works”).

1. The ordering person of the contract: The defendant C;

2.In the performance of the construction of the present main building (such as 3, 4 remodeling, 5 stories extension, 5 stories installation, etc.) to establish and operate a convalescent hospital in the community as a contract of private autonomy under the relevant Acts and subordinate statutes, such as the Medical Service Act and other relevant Acts and subordinate statutes, the contracting party shall perform, in good faith and sincerity, the following:

In case of violation, it is promising to assume the responsibility for civil and criminal responsibility.

(1) The above contractor shall perform construction works for the establishment of a medical care center for older persons with a scale of 100 patient beds (3 and 4 stories, elevators for medical treatment, extension of 5 stories, design, permission, construction, and completion of increased parks) in good faith and sincerity to satisfy the conditions for establishment of a hospital and conditions for certification.

(Construction Standard Contract, specifications, drawings, basic project plans, and other reasonable requests of the project owner).

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