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(영문) 수원지방법원 2016.11.18 2016가단503943
부당이득금반환 및 손해배상 청구
Text

1. As to the Plaintiff’s KRW 111,276,164 and KRW 40,000,000 out of the above money, Defendant B Co., Ltd. shall start on February 25, 2016.

Reasons

1. Basic facts

A. On August 2015, the Plaintiff entered into a contract with Defendant C, the representative director of Defendant B Co., Ltd. (hereinafter “B”), under which the Plaintiff entered into an agreement with the Plaintiff to contract for the construction of a new house on D ground (hereinafter “instant construction contract”) for the cost of KRW 240,000,000,000, and on November 5, 2015, including the additional construction (hereinafter “instant construction project”) and changed the total construction cost of the new construction project to KRW 280,00,000 (hereinafter “instant construction project”) and entered into an agreement on December 30, 2015 (hereinafter “the amended construction contract”).

B. Defendant B’s commencement and progress of construction work in the instant case

On January 15, 2016, the construction was suspended, and the Plaintiff paid KRW 230,000,000 to Defendant B by December 31, 2015.

C. Around January 15, 2016 and January 21, 2016, the Plaintiff urged Defendant B to continue the construction work. However, Defendant B’s response to the instant construction contract was revoked on January 26, 2016, and the remainder was directly managed, and completed the construction work on May 2, 2016.

【Ground of recognition】 The purport of all entries and arguments in Gap's evidence Nos. 1, 2, 5, and 9 (including each number), which has no dispute

2. Claim against the defendant B

A. The Plaintiff’s assertion 1) The Plaintiff asserts that the Plaintiff should return KRW 109,60,000 (=230,000,000 - 120,400,000) exceeding 120,400,000 (=280,000,000 x 43%) of the construction cost for the period of the construction work that the Plaintiff paid to Defendant B, since the period of the construction work completed by Defendant B according to the construction contract is 43%. Defendant B’s assertion that the amount of the construction work should be over KRW 120,40,000 (230,000 - 120,40,000) and the result of appraisal by appraiser E (including the result of examination) at the time of suspending the construction work. 2)

(i) The construction cost (i.e., construction cost of KRW 219,430,00 incurred in complete portion of KRW 290,418,00,00 incurred in complete portion of KRW 219,430,00,00 incurred in the completion of the instant construction.

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