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(영문) 서울중앙지방법원 2018.02.07 2017가합517559
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 229,00,000 as well as the full payment from March 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 6, 2016, the Plaintiff entered into the instant subcontract; (i) concluded a contract with the Plaintiff for the construction work of the construction work of the construction work of the construction work of the construction work of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building for the period from May 15, 2016 to May 15, 2017; and (ii) on May 20, 2016, the Plaintiff entered into the said contract with the Defendant during the said construction work (hereinafter “the instant land construction”).

(3) The Plaintiff subcontracted the construction cost of KRW 1,815,00,000, and the period of construction from May 21, 2016 to November 30, 2016 (hereinafter referred to as the “instant subcontract”).

(2) On November 4, 2016, the Plaintiff and the Defendant concluded a modified contract under which the contract amount of the instant subcontract is increased to KRW 2,277,00,000 (hereinafter “instant modified contract”).

B. From August 12, 2016 to December 21, 2016, the Plaintiff paid the Defendant the construction cost of KRW 1,848,00,000, out of the construction cost under the instant subcontract between August 12, 2016 and December 21, 2016. (2) On December 22, 2016, the Defendant sent to the Plaintiff a public notice stating that “The Plaintiff shall pay the Plaintiff the progress payment of KRW 242,00,000 for October pursuant to the instant subcontract and the progress payment of KRW 148,50,000 for November,” and on January 10, 2017, the Plaintiff’s director prepared a public notice to the Defendant that “The remaining completion payment under the instant modified contract should be made” (hereinafter “each of the instant notes”).

3) On January 17, 2017 and January 19, 2017, the Plaintiff sent to the Defendant each of the following documents: (a) the Defendant, who did not complete the instant Saturdays by February 6, 2017, issued a certificate of the purport that the Plaintiff would complete construction works under his/her own control and claim the Defendant for the expenses incurred therefrom. (b) The Defendant, on January 26, 2017, did not pay the Plaintiff a progress payment for the ten-month and the eleven-month portion under the instant subcontract; (c) therefore, the Defendant occupied the site of the instant Saturdays and exercised the right of retention.

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