beta
(영문) 전주지방법원 2014.02.19 2012가단19446

부당이득금반환 등

Text

1. The Plaintiff, Defendant DMAel Co., Ltd., 40,000,000 won, and Defendant B Co., Ltd., Defendant DMAel.

Reasons

1. Facts of recognition;

A. On May 17, 2012, the Plaintiff entered into a contract agreement with Defendant B (hereinafter “B”) on the basis of construction cost of KRW 95,000,00 (including partial production; hereinafter the same shall apply) with respect to the transport (including partial production) of cement sand and gravel materials at a fixed rate of 60 cubic meters (referring to the measurement equipment from 60 cubic meters/HR BTCHNP concrete within the D plant located in Nam-gun-gun, Nam-gun, the Plaintiff’s operation; hereinafter the same shall apply) with Defendant B from May 17, 2012 to June 30, 201, the remainder of the construction cost of which was 95,00,000 (including value-added tax; hereinafter the same shall apply) and the remainder of which was to be paid from June 1, 201 to June 20 to each of the same month, 30,000 and the remainder of which were to be paid by the Plaintiff at the time of completion of the contract.

B. At the time of the instant contract, the Plaintiff paid the Defendant B a down payment of KRW 20,000,000 out of KRW 30,000,000, and issued two copies of household checks (the check E,F) with face value of KRW 5,00,000,000.

C. In addition, on May 17, 2012, the Plaintiff entered into a sales contract with Defendant DIM for each of the remaining amounts of KRW 60B/P (1M3) of the parts necessary for the production of the instant facilities stored in Boan City in H (hereinafter “instant sales contract”) and KRW 40,000,000 on the date of the contract, and the down payment of KRW 20,000,000 was to be paid at the time of shipment (hereinafter “instant sales contract”).

The Plaintiff’s KRW 20,000,000 out of the purchase price under the instant sales contract on May 17, 2012 to Defendant DMAEL.