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(영문) 대구지방법원김천지원 2017.09.29 2017가합15723
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 1, 2014, the Plaintiff: (a) the construction cost of the 2,500,000,000 won for the construction work of the Gyeongjin-gun A building (hereinafter “instant construction”); and (b) the construction period from March 1, 2014 for the Defendant from March 1, 2014

9. The contract was concluded as of 30.

(hereinafter “instant construction contract”). B.

The Plaintiff paid a total of KRW 1,240,000,000 (hereinafter “instant progress payment”) to the Defendant by August 31, 2014.

C. On September 24, 2014, the Plaintiff and the Defendant agreed on the instant construction contract, and agreed on construction adjustment and settlement (hereinafter “instant settlement agreement”) with the following content.

1. The above construction works shall be adjusted by mutual agreement between the plaintiff and the defendant to the following amounts:

2.In the case of the adjustment of construction works, the construction cost for all the ingredients such as material costs, construction costs, and other expenses brought into the construction site by the settlement date shall be settled by including the following amounts to be settled at the settlement date of construction works:

(1) Property rights, such as materials, equipment, tools, etc. brought into a construction site shall belong to the plaintiff.

(2) A contract bond shall revert to the defendant.

③ The termination of a contract does not claim damages even if the Plaintiff and the Defendant suffered damage, and does not raise any objection thereto.

(5) The amount of tax invoice for the third time claim made by a subcontractor shall be paid directly by the plaintiff to the subcontractor.

Provided, That the settlement shall be made with the burden of KRW 15,00,000 on the part of the defendant's progress payment of KRW 25,000 and KRW 10,000 on the part of the defendant, respectively.

(6) At the same time with the seal of the construction contract and the settlement agreement, the plaintiff shall return the contract guarantee submitted by the defendant to the defendant and shall not request the contract performance guarantee.

7. On and after September 1, 2014, construction costs incurred shall be borne and paid by the Plaintiff.

(8) The defendant shall be liable if any unpaid amount occurs among the amount received (1,240,000,000 won).

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