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(영문) 수원지방법원 2015.02.12 2014가단517863
부당이득금
Text

1. The Defendant shall pay 1,650,000 won to the Plaintiff and 20% per annum from July 19, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On December 31, 201, the Plaintiff was awarded a contract for the construction of livestock excreta resource-generating facilities (hereinafter “instant construction”) on the land (hereinafter “instant facilities”) on the land outside 9, Mansan-gun, Mansan-gun, Mansan-gun, Mansan-gun, Mansan-gun, and two parcels (hereinafter “Mansan-gun”).

B. On March 5, 2012, the Plaintiff rendered a subcontract to the Defendant, setting the construction cost of a part of the instant construction works as KRW 613,030,00 (including value-added tax).

C. On April 18, 2012, the Plaintiff issued a further subcontract to the Defendant, setting the construction cost of KRW 28,900,000 (including value-added tax) with respect to the construction work for the warehouse (hereinafter “instant additional construction”) during the instant construction work as KRW 28,90,00.

Around May 2013, the Defendant completed the subcontracted project in this case and the instant additional construction, and the Plaintiff paid a total of KRW 738,000,000 to the Defendant by May 2, 2013 regarding the instant subcontracted project and the instant additional construction project.

E. After the completion of the subcontracted project in this case, any defects, such as liquid manure, have occurred due to rupture in liquid manure storage tanks on the first floor of the facility installed by the Defendant among the instant facilities installed by the Defendant. The Plaintiff spent the cost of repairing defects of KRW 1,650,000 (including value-added tax) to repair the said defects.

(A) Evidence Nos. 24-1, 2. [Grounds for Recognition] / [The fact that there is no dispute, each entry and video of Evidence Nos. 3 through 24 (including each number), and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the fact that the defects occurred during the subcontracted project in this case executed by the defendant, and the fact that the plaintiff paid KRW 1,650,000 to the defendant for the repair of the above defects is as seen earlier. Thus, the plaintiff is entitled to seek compensation of KRW 1,650,000 in lieu of the above defect repair, and as requested by the plaintiff.

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