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(영문) 인천지방법원 2014.05.20 2013가합8997

부당이득금반환 등

Text

1. The construction of the Defendant Pream Co., Ltd. shall pay to the Plaintiff KRW 79,400,000 as well as its full payment from May 22, 2013.

Reasons

1. Basic facts

A. The Plaintiff, as a project implementer and employer of the 121-12 general industrial complex development project at the permanent residence city, awarded a contract for the creation of the 2nd general industrial complex site (hereinafter “instant construction”) to the Defendant Kukdong Construction Co., Ltd. (hereinafter “Yeongdong Construction”) and the Defendant Youngdong Construction Co., Ltd. (hereinafter “Yedong Construction”).

On the other hand, the plaintiff has been entrusted with the design, supervision, and execution related to the instant construction project to the Postal Technology Foundation.

B. By February 22, 2010, the Plaintiff paid the Defendants a total of KRW 845,00,000,000 as stated in the table 1 as follows. Upon the Defendants’ consent, the Plaintiff paid KRW 249,900,000, which is a part of the construction price for subcontractors, including the non-industrial development (hereinafter “non-industrial development”) that the Defendants are to pay, as listed in the table 2, until September 2, 2010. On September 16, 2010, the Plaintiff paid the Defendants KRW 1,194,90,000 out of the construction price, and paid the Defendants KRW 845,00,000 among the construction price up to the date in this case (i) KRW 249,90,000,000,000 among the construction price (i) KRW 845,000,000,000).

Table A B.2

C. The Defendants divided KRW 1,543,376,250, which is part of the claim for the construction cost against the Plaintiff, from the subcontractors, and transferred to the subcontractors, and notified the Plaintiff of the assignment of the claim.

On the other hand, on October 18, 2010, the Plaintiff prepared a construction agreement execution note (hereinafter “each of the instant notes”). The content of the transfer of rights and the transfer of rights is suspended, and the Defendants shall file an application for completion inspection upon completion of the infrastructure work by October 28, 2010, and the Plaintiff shall file an application for completion inspection with the Defendant Young-dong Construction on October 200,000, and one million won after completion of the infrastructure work, and one million won after completion of the infrastructure work.