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(영문) 서울중앙지방법원 2016.07.07 2015가단5321271
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 20, 2012, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with respect to the repair and reinforcement works of a building C on the ground (hereinafter “instant construction works”), which was KRW 254,00,000,000, the date of commencement, July 26, 2012, and October 10, 2012, as of the date of completion, with respect to the construction works of the instant construction works (hereinafter “instant construction works”).

B. On July 20, 2012, the Plaintiff entered into a guarantee insurance contract with the Defendant and the insured B, the insurance period from July 20, 2012 to October 10, 2012, with respect to the instant construction project, 83 days from July 20, 2012, and the contract deposit, the insurance amount of KRW 25,40,000 (10% of the contract deposit rate).

C. B: (a) around January 2013, the date of completion was delayed for at least 90 days to the Plaintiff; (b) the Plaintiff did not take any measures as to the instant construction work after the on-site agent D was dismissed; and (c) notified the Plaintiff that the instant contract was rescinded on the ground that the Plaintiff breached various obligations under the instant contract.

B filed a claim for the payment of insurance money to the Defendant, and in this regard, the Plaintiff, including the Plaintiff, claimed construction costs and damages against the Defendant, and thus, requested the suspension of the payment of insurance money. However, on June 4, 2013, the Defendant paid the guaranteed insurance amount KRW 25,400,000 to B.

E. On November 18, 2013, the Defendant claimed reimbursement against the Plaintiff regarding the insurance money paid to B, and the Plaintiff paid KRW 27,616,090 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion - The Plaintiff did not perform his/her duty under the instant contract, and B had cancelled the instant contract on January 2013 when the insurance period expired, and thus did not occur.

- Therefore, even if the defendant paid insurance money to B, he cannot exercise the right to indemnity against the plaintiff. The defendant's property.

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