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(영문) 대구지방법원 서부지원 2018.06.28 2017가합52058
부당이득금 반환
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 June 27, 2013, the Plaintiff entered into a construction contract with the Defendant for a construction project with the term “the construction cost of the building project for the building project for the building project for the building project for the building of the Southern Southern River (hereinafter “the construction contract”). After modifying the design, the Plaintiff changed the total construction cost of December 28, 2016 to KRW 6,391,621,000. The Defendant completed the construction project for the construction project for the construction project for the construction project of the instant case by using stone or concrete in order to prevent erosion of the shore from the shore of the valley on the shore from the shore of the valley, through which water flow flows, and completed the construction project for the construction project for the building project (hereinafter “the construction of the instant case”), and the Plaintiff paid the construction cost for the construction project for the building to the Plaintiff without any reasonable size of 70 m26 m20 m27 m206 m27 m206 m27.

In light of the above, the Plaintiff issued a request for correction to the effect that the Plaintiff “reconstruction” is a suitable material for recovering the above project cost that was executed in excess and stockpiling the defective construction site in accordance with the design drawings and the starting criteria.

On November 24, 2016, the Plaintiff notified the Defendant of the payment of KRW 264,067,00 for the construction cost paid by December 26, 2016, according to the request for the above correction of the Gyeonggi-do.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① In order to carry out the construction of piling up stone (a method of piling up stone with stone) in accordance with the instant construction project, the volume of front stones shall be inside and outside 0.5 cubic meters, and the volume of stone constructed by the Plaintiff shall not be outside and outside of 0.14 cubic meters.

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