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(영문) 청주지방법원제천지원 2015.03.26 2013가단4490
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 76,480,50 and the interest rate of KRW 20% per annum from December 5, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Around July 2011, the Plaintiff awarded a contract to the Defendant for construction work for the studio Housing Building C at Incheon-si for KRW 600 million for the construction cost.

(hereinafter “instant construction contract”). B.

However, the defendant discontinued the construction work on August 2012, and until then, the construction cost paid by the plaintiff to the defendant is KRW 46,560,000.

C. The Plaintiff paid 76,480,500 won on behalf of the Defendant, including the subcontract price and material price that the Defendant is obligated to pay.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings

2. Determination:

A. 1) In order to establish the office management of claims, first of all, it is required that the office is another person’s business and the intention to transfer the actual benefit of the management to another person, i.e., the intention to transfer the actual benefit of the management on behalf of another person, and furthermore, it is not clear that the process of the office is disadvantageous to the principal or against his/her will (see, e.g., Supreme Court Decision 2009Da71558, Feb. 11, 2010). However, a third party’s repayment is in itself a beneficial benefit to a debtor, and thus, it is not unfavorable to the debtor unless there is any counter-proof, and it is against his/her will. The repayment is deemed a kind of office management. Therefore, the third party who has discharged the obligation is entitled to demand reimbursement against the debtor in accordance with the legal principles of the office management (see, e.g., Supreme Court Decision 4293Da729, Nov. 9, 1961).

B. The summary of the Defendant’s assertion 1 is as follows: (a) the Defendant is almost every process based on the instant construction contract.

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