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(영문) 서울중앙지방법원 2019.06.20 2018가합525281
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 10,402,406 to the Defendant (Counterclaim Plaintiff) and its related amount from December 23, 2017 to June 20, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 5, 2017, the Plaintiff entered into a contract for the first and second construction works, as well as the completion of the said works at night and at night (i) the Plaintiff, a stock company (hereinafter referred to as “C”) with the ordering authority.

(2) On July 25, 2017, the Plaintiff was awarded a contract for construction work to the Defendant for the construction work to subcontract the substitute stone construction work among the said construction work of the Housing Culture Center (hereinafter “instant primary construction contract”) in Gangnam-gu Seoul. The main contents of the contract are as follows.

(‘A’ means the Plaintiff, and the “B” means the Defendant). 1. The name of the Corporation: The Agency among the C Housing Culture Center New Gran Corporation.

3. Period: Amount of contract from July 25, 2017 to September 30, 2017: 286,000,000 won: Amount of supply: 260,000,000 won, value-added tax 26,00,000 won.

5. Payment of price: 50% of the first advance payment, and the second monthly payment (based on armored).

7.Special engineer(s) - B shall be supplied and installed at the site and may be approved for settlement only for the portion installed at the site.

- Eul shall, in any event at the site of the Party A’s instruction and shall assume all responsibilities if it is not fulfilled.

9. All the projects shall be based on the construction specifications and the specifications paid at the present time as the ordering entity and all the responsibilities arising from failure to comply with the specifications criteria shall be Section B.

[Terms and conditions of a contract] Article 2 (Terms and Conditions of Construction) shall be constructed in accordance with the terms and conditions of the contract and the drawings and specifications (including drawings, specifications, construction specifications, bid guidance, site descriptions, etc.; hereinafter the same shall apply).

Article 10 (Adjustment of Contract Price according to Modification of Design) (1) If it is deemed necessary, A may request a change in the contents of the construction, an addition or a temporary suspension of the construction.

(2) Where an increase or decrease in construction volume occurs due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards:

1. An increased or decreased construction work;

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