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(영문) 수원지방법원 2014.08.22 2012가합8850
부당이득금등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The total costs of the lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. (1) On April 22, 2011, the Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant, etc., the Plaintiff is the Defendant of the Gunsan-si Construction Project (hereinafter “instant construction”).

A) The construction cost was KRW 6,945,00,000 (excluding value-added tax); the construction period was determined from April 22, 2011 to November 30, 201; and concluded a contract for construction works with the following terms and conditions (hereinafter “instant contract for construction works”).

A) 8. 8. Payment Method: (1) Advance payment: 20% of the contract amount; (3) balance after completion of the inspection of completed six times: 10% of the contract amount: (10) if it is acknowledged that the defendant's failure to execute or is not likely to perform the contract as follows, the plaintiff may cancel the contract without the consent of the defendant. In this case, the plaintiff may pay and take over 80% of the amount assessed by the plaintiff for the already completed work, and the defendant shall not remove the already completed work without the approval of the plaintiff.

3) The Plaintiff and the Defendant changed the construction cost of the instant construction contract from April 22, 2011 to December 30, 201, on November 11, 2011, to KRW 8,698,00,000 (excluding value-added tax) and the construction period from April 22, 2011 to December 30, 201.

B. The Plaintiff’s notification of the rescission of the instant construction contract was made by December 8, 201 to the Defendant, with the exception of 10% of the increased construction cost, until December 8, 2011. (2) The Plaintiff had most necessary documents at the time of filing an application for approval for use of the instant plant as of December 30, 201, but did not have a communications certificate and a sewage completion certificate.

3. On January 4, 2012, the Plaintiff could not receive the certificate of completion from the Defendant because the Defendant failed to pay the completion money to the electrical construction company.

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