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(영문) 서울중앙지방법원 2018.04.25 2017가단5202039
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1, 2009, the Plaintiff entered into a new E-construction contract with a view to constructing a building with two underground floors and two floors above ground level on the ground of 664 square meters in Yongsan-gu Seoul Metropolitan Government D major 664 square meters.

C The same year during the construction under the contract.

8.3. The agreement with the Plaintiff was terminated.

B. On August 17, 2009, the Plaintiff entered into a construction contract with the Defendant for the remaining parts of the E-Newly constructed construction works (hereinafter “instant construction works”). From August 1, 2009 to June 1, 2010, the construction period was at KRW 1.3 billion (in addition, the total construction amount was at KRW 1.3 billion).

(hereinafter “instant construction contract”).

C. The Defendant, while continuing construction in accordance with the instant construction contract, suspended the instant construction project from the Plaintiff and the Plaintiff, etc. from May 201, and completed the instant construction project around November 201, and completed the preservation registration of the building newly constructed as the instant construction project on the 15th of the same month.

On the other hand, on May 16, 2010, the following additional amounts, construction contract (Evidence A2), and additional construction specifications (Evidence A3) were prepared in the name of the Plaintiff and the Defendant.

(hereinafter referred to as “the instant additional settlement,” and the agreement is referred to as “the instant agreement.” As to the instant contract, the Defendant, due to the Plaintiff’s circumstances, cannot continue to perform the construction due to the additional amount and the construction agreement, agree to: (a) to waive and settle the remaining construction after May 16, 2010; and (b) to:

By May 16, 2010, the following amount shall be adjusted at the time of the suspension of construction (by May 16, 2010), and the plaintiff shall not thereafter raise any civil or criminal objection.

The plaintiff (units : KRW 323,745,000,000,000 824,000,745,000,000 50,000,000 323,745,000,000 323,745,000 (units : KRW 1,30,000,000) shall be the defendant's additional amount and the amount of the additional tax not paid (3,00,000,000 won per day).

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