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(영문) 서울고등법원 2018.09.12 2017나2039854
부당이득금반환
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

(c) shall be.

[2] On January 9, 2009, E commenced the instant construction and completed the installation of a provisional facility pursuant to the instant subcontract by April 2009. D. Around January 9, 2009, C submitted a performance guarantee to the Defendant, which covers the amount guaranteed as KRW 400 million, and performed the instant reconstruction construction. Accordingly, F et al., a foundation foundation of the Defendant, filed an application for a provisional disposition for the suspension of construction against C with the Seoul Southern District Court, and on September 10, 2009, the said court suspended the entirety of the instant reconstruction construction including the instant construction upon the decision to accept the said application (2009Kahap842). The remainder of the reconstruction construction installed at the said construction site (such as a re-trial and steel structure, etc.; hereinafter referred to as “instant provisional structure”).

(A) The kinds, quantities, etc. of the material forming the facility are as listed in the following table (hereinafter referred to as “the temporary material of this case”).

(ii) Divisiond-trial (750*190*200) H-type lectures (300*300*10*10*15) H-type lectures (298*201*9*9*105), number of H-type lectures (298*201*9*10*15), number of 131 / length 131 502m 67m / 94km/m 65.4km/m 36,680kg 47,188kg 44,276kg

E. On September 12, 2014, E entered into a contract with the Plaintiff to transfer all rights to the Plaintiff, “the H beamline, cover trial, and material loss in the instant reconstruction construction site in which E had against the Defendant.” On the same day, E notified the Defendant of the assignment of claims pursuant thereto.

F. After the Plaintiff’s filing of the instant lawsuit, the Defendant resumed the instant reconstruction work on August 2016, and the instant reconstruction work was completed until the construction of the underground floor except for the area where the instant building was installed, by the first instance court appraiser G (hereinafter “ appraiser”) on February 9, 2017, which was around February 9, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 8, 10, and Eul evidence 9 (if there are various numbers, including branch numbers; hereinafter the same shall apply).

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