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(영문) 서울중앙지방법원 2019.05.15 2019나66
부당이득금 반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. When the construction was interrupted due to the nonperformance of F&C, the contractor of the said construction, the Plaintiff, as a contractor for the said construction of a multi-household in Dongjak-gu Seoul Metropolitan Government, the Plaintiff, around March 201, concluded a contract with G for the completion of the said multi-household construction (facilities, windows, waterproofs, waterproofs, stons, trees, electricity, sundry, and other construction; hereinafter “instant construction”) during the construction period from March 28, 201 to May 10, 201, with the construction cost of KRW 175,00,000 (excluding value-added tax).

(hereinafter “instant contract”). (b)

At the time of the conclusion of the instant contract, the Plaintiff and G agreed to pay the remainder after paying the materials cost brought into the construction site without down payment after deducting the amount paid from the construction cost, and G agreed to subcontract the instant construction work with the consent of the Plaintiff, but G agreed to be a joint and several surety by entering into a contract with the subcontractor and the Plaintiff.

Plaintiff H 14,000,000 won for electrical construction works (excluding value-added tax), Plaintiff 15,000,000 won for construction works (excluding value-added tax) for the contractor’s owner of the contractor’s construction project, Plaintiff k 7,000,000 won for stone work (excluding value-added tax) for 18,000,000 won for the construction project (excluding value-added tax), Plaintiff 42,000,000 won for the unclaimed, waterproof, and ton construction (excluding value-added tax) for the construction project

C. Under the instant contract, the Plaintiff entered into each of the following agreements with G subcontractors.

D. The construction works are the construction works included in the other construction items provided for in the instant contract.

The Plaintiff obtained approval for the use of the instant multi-household on June 1, 2011.

E. 1) G died on December 24, 2012, 2012, and Defendant C and D (Ma), the spouse of the G, succeeded to G. 2) The Plaintiff entered into a contract against the Defendants, the deceased’s heir, under the condition that value-added tax was exempted at the time of the instant contract, and the total construction cost was 175,000.

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