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(영문) 의정부지방법원 2016.10.27 2015가합51385

전부금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On December 31, 2013, the Plaintiff, including the confirmation of payment order between the Plaintiff and Mine Construction Co., Ltd., filed an application for payment order for KRW 484,427,092 for the payment of construction materials and delayed payment damages for the construction materials, and on February 3, 2014, the payment order (the Government District Court Decision 2013 tea 4178) issued to the Plaintiff for the payment order for the payment of KRW 484,427,092 and delayed payment damages for the said amount. The payment order was finalized on February 18, 2014.

B. On June 3, 2014, the Plaintiff, including this case’s seizure and assignment order, received the claim amounting to KRW 514,421,755 (i.e., the claim amounting to KRW 484,427,092 for delay damages of KRW 29,94,663) against “a claim for return of unjust enrichment equivalent to the fees for the use of building materials or the fees for the use of building materials relating to the Gwangju Correctional Complex, which is held against the Defendant (i.e., the Seoul Eastern District Court 2014TAD 8962; hereinafter “instant seizure and assignment order”), and the order was served to the Defendant, the debtor, and the debtor, on June 16, 2014, respectively. < Amended by Act No. 12738, Jun. 3, 2014>

C. On July 1, 201, the Defendant, who received a contract for the construction of Gwangju prison from the Ministry of Justice, including the conclusion of the instant subcontract, concluded a subcontract (hereinafter “instant subcontract”) with regard to the construction of reinforced concrete among the Gwangju prison construction and the construction of the Gwangju prison (hereinafter “instant construction”). Each of the instant subcontract agreements was concluded (hereinafter “instant subcontract”). As to the period from July 1, 2011 to June 16, 2014, the contractor, the mining building and construction period from July 1, 2011 to June 16, 2014, and the construction cost of KRW 9,89,000,000 (including value-added tax).

On January 6, 2012, the Defendant entered into a modified contract with the Defendant to change the construction cost from KRW 9,616,530,000 to KRW 9,89,000 among the terms of the instant subcontract. D.

Around November 14, 2012, the Defendant, such as the Section of the instant construction, etc.