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(영문) 전주지방법원군산지원 2016.06.10 2015가합12057

공사이득금

Text

1. All part of the Plaintiff’s lawsuit against the Defendants is dismissed.

2.The request under paragraph 1.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party with the trade name of “D”, and the Plaintiff is engaged in the subcontracting business of steel works, machinery and equipment, and pipeline construction works, and the Plaintiff’s husband, E, the husband of the Plaintiff, has been in practical operation while managing D externally (hereinafter referred to as “Plaintiffs” without distinguishing the Plaintiff and E for convenience, except where it is necessary to distinguish between the Plaintiff and E.

2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in the construction business of steel structures, steel materials installation business, etc., and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company engaged in the manufacturing and construction business of Gap door and floodgate, steel structure, steel structure, steel bridge, etc., and is a subsidiary of Defendant B.

F, the representative director of Defendant B, is the relationship between E and E.

B. A construction contract between the Plaintiff and the Defendants 1) The Plaintiff and the Defendant B are the instant 1 construction work, “a total of the above construction works performed by the Plaintiff during the construction and installation of floodgates for G 1, 2, 3, H and I construction works performed by the Plaintiff in Defendant B (hereinafter referred to as the “instant construction work”).

(1) The Plaintiff and Defendant B entered into a verbal contract with the Plaintiff to pay the Plaintiff expenses, including personnel expenses and equipment costs (hereinafter “instant contract for the first construction project”). The agreement on the first construction project of this case is deemed to be a “instant contract for the first construction project.”

(2) The Plaintiff and Defendant C supplied the Plaintiff with human resources and equipment necessary for the installation of a floodgate in the process of manufacturing and installing a floodgate for the J work performed by Defendant C (hereinafter “instant construction work”), and issued a tax invoice to Defendant C, if the Plaintiff is issued, the Defendant C shall bear various expenses, such as personnel expenses and equipment costs, etc.