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(영문) 서울동부지방법원 2014.09.16 2012가합103835

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) Company A, 359,969,477, and its related amount from January 31, 2011.

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) is a company that engages in soil, raining, reinforced concrete, water supply and drainage facilities, and bowling-rating business. The Defendant (Counterclaim Plaintiff; hereinafter referred to as the “Defendant”) A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company that engages in soil, bowling-out, civil engineering construction, packing, landscaping, water supply and drainage facilities. The Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company that is engaged in aviation, bowling-out, civil engineering construction, packing, landscaping, water supply and drainage facilities.

Defendant B is the actual owner of the Defendant Company.

B. On April 9, 2007, the Plaintiff was awarded a contract for the construction of a main complex building located in Ulsan D from the New Daily Construction Co., Ltd. (hereinafter “New Construction”), and the Defendant Company’s contract amounting to KRW 1,520,429,00 (excluding value-added tax) among the above new construction works (hereinafter “Ulsan Complex Construction”) and equipment for installation and dismantling and dismantling work (crads, sc and sckes, etc.). In order to start an underground base (h-be), the Plaintiff should first start an underground base at the edge of the land to be excavated into the underground base at intervals of a certain hole, and make it known to the scke beam or in a vertical line to the scke beam or in a vertical line to the scke beam or in a specific region. The Plaintiff should first start the sckeline at the bottom of the land to be excavated at intervals, and make it known to the scke beam or in a specific scke.

In addition, the sloping beamline, such as a sloping file and a center file or a list file, is h-Plie in a vertical and horizontal line.

In addition, the above scam and the center file were scamed with the support of the earth, and the scam beamed from the scam and horizontal plane, and the scam beamed from the scam to the scam in one order.