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(영문) 대구지방법원 2015.10.08 2013가단56867
부당이득금
Text

1. The Plaintiff:

A. Defendant Jeong- aftermac Co., Ltd.: KRW 50,651,807 and its related amount from August 31, 2013 to October 2015.

Reasons

1. Basic facts

A. The Plaintiff is operating an inspectionSOS self-living center in Daegu Dong-gu 913-13 (hereinafter “inspection life center,” “inspection life center”) and a Samduk-dong 2 in Daegu Jung-dong 149-32 (hereinafter “Seoul Young-dong”), and these facilities are social welfare facilities affiliated with the YOS self-living center in Seocheon-gu, Daegu-gu, Daegu-gu for children and juveniles.

B. On March 22, 2013, the Plaintiff entered into a contract for fire-fighting facility works with Defendant Phosung C, the above prosecutor, and Samduk C, and according to the above construction contract, the construction cost was KRW 160,334,750 (including KRW 145,758,870 and value-added tax of KRW 14,575,880 and value-added tax of KRW 14,575,80, and the construction cost of the inspector’s living room, which includes value added tax, is KRW 76,472,080, and the construction cost of Samduk C, the date of commencement is KRW 83,862,670, and the completion date is April 1, 2013, and when Defendant Pho C delayed the completion of the said construction, the Defendant shall pay the Plaintiff a penalty for delay at a rate of 1/100 of the contract amount (construction price) for each day without delay.

(hereinafter referred to as “instant construction contract”). C.

Defendant Jeong Jong-sung commenced the instant construction work on or around April 25, 2013, but suspended it on or around July 2013, but did not comply with the agreement to complete the construction work until August 31, 2013, and the Plaintiff expressed his/her intent to terminate the instant construction contract to Defendant Jeong-sung on or around August 27 and 30, 2013.

Of the above construction costs, the amount paid by the Plaintiff to the above Defendant is KRW 112,233,900 in total (53,530,244 in relation to the public prosecutor’s living room, and KRW 58,703,656 in relation to Samduk Life).

E. In addition, on April 15, 2013, the Plaintiff entered into a construction contract with Defendant KF to determine the construction cost of KRW 10,000,00 with respect to the incombustible construction works of Samduk Life Room, and the construction period from April 15, 2013 to May 10, 2013, and entered into the construction contract with the Plaintiff around April 19, 2013.

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