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(영문) 춘천지방법원 원주지원 2017.03.23 2016가합5500
부당이득금
Text

1. As to KRW 263,822,00 and KRW 206,822,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 263,82,00 from April 29, 2016 to May 20, 2016.

Reasons

Basic Facts

On May 25, 2015, the Plaintiff, Postal Industry Co., Ltd., and Dri Co., Ltd. (hereinafter collectively referred to as “Plaintiffs, etc.”) concluded a subcontract with the Defendant by stipulating that the Plaintiff, etc. shall directly pay the construction cost for a reinforced concrete construction project (hereinafter referred to as “instant construction project”) among the construction sections of A apartment construction project for which the Plaintiff, etc. was awarded a contract with the Korea Land and Housing Corporation (hereinafter referred to as “instant construction project”), the construction period of which is KRW 1,845,980,00 (including value-added tax), from May 25, 2015 to February 28, 2016, and the progress payment during the construction cost shall be paid by the Korea Land

(hereinafter “instant construction contract”). The Korea Land and Housing Corporation paid the Defendant totaling KRW 1,619,851,000 in the name of progress payment from May 26, 2015 to February 23, 2016, upon the Plaintiff’s demand for direct payment of the subcontract price for the instant construction project, from May 26, 2015 to February 23, 2016. From June 30, 2015 to September 25, 2015, the Plaintiff paid the Defendant totaling KRW 201,462,00 in advance and for expenses.

The detailed details of the payment of the construction price shall be as shown in the attached Table.

On March 17, 2016, the Plaintiff, while performing the instant construction project, notified the Defendant of the rescission of the instant construction contract on the ground that the Defendant failed to comply with the construction period. Accordingly, the Defendant asserted that the Plaintiff was liable for delay in the construction period and alleged that the rescission of the contract will proceed in accordance with the legal procedures thereafter, and then suspended the instant construction project around

The Defendant lent construction equipment from C operating B in the construction process of the instant construction, and supplied materials from E operating D, and the Defendant did not pay KRW 40,480,000 out of the equipment usage fee and KRW 17,00,000 out of the material price to E.

The Plaintiff acquired from C KRW 40,000,000 among the claim for equipment use fee against the Defendant, and KRW 17,000,000 among the claim for material purchase against the Defendant from E, respectively.

The plaintiff is from C and E.

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