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(영문) 창원지방법원통영지원 2019.05.02 2017가합10752

부당이득금반환

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On December 21, 2008, the Plaintiff contracted the Construction Work for the E-Road Packing at the Sypt D, and subcontracted the Construction Work for the Heavy Structure (hereinafter “instant Construction Work”) to F.

Defendant B is the site manager of the instant construction, and Defendant C is the actual operator of the said F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion 1) The Defendants did not pay the instant construction cost to re-subcontracts even after receiving the payment from the Plaintiff. Accordingly, the Plaintiff discontinued the instant construction work and completed the instant construction work with separate expenses. Therefore, the Defendants conspired to accept the payment of construction cost from the Plaintiff and embezzled it without paying to re-subcontracts, and the Plaintiff was obligated to compensate for losses arising therefrom as the Plaintiff completed the construction work. (ii) The Plaintiff asserted that the Defendants embezzled the construction cost that the Defendants would have to pay to re-subcontracts, but otherwise, it is difficult to accept the said assertion unless there is any evidence to support that the Defendants embezzled the construction cost that the Defendants would have to pay to re-subcontracts.

In addition, we will examine the plaintiff's assertion with the argument that the defendants did not perform as much construction work as possible even after receiving the construction cost, thereby causing damage to the plaintiff.

In addition to the statements Nos. 1 and 2 above, the Plaintiff filed a fraudulent complaint against the Defendants on the grounds that the Defendants by deceiving the Plaintiff as if the Defendants did not work for the instant construction even though they did not work for the said construction, and that they received the construction cost by deceiving the Plaintiff, ② The public prosecutor G prosecutor of the branch office of the original district public prosecutor’s office, and F.