(영문) 창원지방법원진주지원 2020.12.03 2019가단40108

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(영문) 창원지방법원진주지원 2020.12.03 2019가단40108

부당이득금

Text

1. The defendant shall pay to the plaintiff 31,046,00 won with 12% per annum from January 4, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On November 27, 2014, the Plaintiff concluded a subcontract with D Co., Ltd. (hereinafter “D”) on November 28, 2014, with the contract price of KRW 819,000,000 (excluding value-added tax), the construction period from November 27, 2014 to January 31, 2015, as “0.15%” and “0.15% of the liquidated damages rate. 2) on November 28, 2014, the Defendant set the contract period of the “A-Sey Construction Works (390km) on the ground of the Gyeong-gun, Gyeong-gun, and ten lots of land (hereinafter “A-W”) construction works on the ground of the Gyeong-gun and 10 lots of land for solar power plants (excluding the contract period of all construction works on the site of solar power plants, including the construction works on the site of solar power plants and the construction works on the site of solar power plants, 2014.

hereinafter referred to as the "instant subcontract"

(3) On December 30, 2014, the Plaintiff paid KRW 146,00,000 to D with the advance payment of the instant construction project.

B. Although the discontinuance D of the instant construction commenced the instant construction, the construction was suspended several times against village residents, and the construction period was altered due to a serious opposition, and the local residents were subject to a decision of acceptance by filing an application for a provisional injunction against interference with construction, but the construction was not eventually conducted, and the Plaintiff, the main contractor, decided to suspend the instant construction around January 2016.

Accordingly, the defendant suspended the construction of this case, and D also consented thereto.

C. 1) All other works except the manufacture and supply of solar light smokes (mmokes) are performed by the Defendant directly by the Defendant during the construction work that the Defendant received from the Plaintiff, as well as the installation and supply of solar smokes, including earth works and the installation and supply of solar structures that support solar smokes produced and supplied by the Defendant.

2 D is the non-party who is the manufacturer and supplier of steel structure.

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