logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.07.02 2014가단35935
부당이득금반환 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 15,236,00 and the interest rate thereon from September 19, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On April 3, 2014, the Plaintiffs concluded a construction contract with Defendant C Co., Ltd. (hereinafter “C”) as a contractor, and with Defendant D as a construction manager, as follows: (a) the Plaintiffs newly constructed a light-weighted house (quasi-bruptor) second floor building on the ground E of the Chungcheongbuk-gun, Chungcheongnam-do; and (b) concluded a construction contract as follows.

(hereinafter “instant construction work”). The construction cost of KRW 148,00,000 was originally KRW 148,000,000, but thereafter, upon mutual agreement, the construction permit for the reduction of construction period was completed within July 1, 2014, which was 75 days from April 18, 2014, the date of delayed delay x 0.02 x total construction cost.

B. As the Defendants delayed construction of the instant construction, the Plaintiffs urged the progress of the instant construction on June 9, 2014, and drafted an agreement with the Defendants on June 24, 2014 on the implementation of the additional contract (agreement) to continue the construction of the instant construction, but the Defendants were bound to withdraw from the construction site of the instant case on July 17, 2014, and suspended the construction of the instant case.

C. The Plaintiffs paid the Defendant the total amount of KRW 131,220,000, and the Plaintiffs completed the instant construction work after it was interrupted through another construction business operator on August 22, 2014.

The fact that KRW 131,220,000 on April 3, 2014, KRW 40,000 on April 25, 2014, KRW 30,000,000 on May 12, 2014, KRW 30,000 on May 28, 2014, KRW 25,000 on May 28, 2014, KRW 131,220,00 on the aggregate of KRW 131,220,00 on July 21, 2014 (based on recognition) has no dispute; evidence No. 1-2; evidence No. 2-1, 3, 1, 1, 1, and the purport of the entire pleadings

2. Determination:

A. (1) Whether the Defendants alleged to have paid the construction cost in excess of the fixed height (i.e., payment of the construction cost) was 120,753,500 won until the discontinuance of the instant construction work on July 17, 2014, since the Defendants paid KRW 135,286,50, the Defendants demanded the return of the construction cost paid in excess. (ii) The written evidence No. 4 of the judgment alone is insufficient to find that the Defendants’ failure to pay the completed portion of the instant construction is 120,753,50 won.

arrow