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(영문) 수원지방법원평택지원 2017.04.05 2016가단40342

부당이득금

Text

1. As to KRW 136,152,747 and KRW 64,705,247 among the Plaintiff, the Defendant paid to the Plaintiff KRW 71,447,50.

Reasons

1. Basic facts

A. On January 9, 2014, Nonparty C ordered “D New Construction Corporation” (hereinafter “D New Construction Corporation”) to the contractor. Of the instant factory construction works, Nonparty C drafted a sub-subcontracted construction contract with the contractor with respect to the steel structure construction (hereinafter “the instant steel structure construction”) and the Defendant as the contractor on January 9, 2015.

B. The Plaintiff from January 29, 2015 to the same year

3. Until March 31, 200, steel materials (hereinafter “the instant materials”) were put into the construction site of the instant plant (hereinafter “the instant construction site”) and the total amount of the price was KRW 353,705,246 (including surtax). The details are as follows.

C. From February 2015 to June 201 of the same year, the Plaintiff directly paid KRW 27,225,000 (in total) and labor cost of KRW 36,880,00, and KRW 7,342,00 (hereinafter “instant service cost, etc.”) necessary for the materials to be inflammableized, to the companies that performed the instant service.

The defendant paid 289,00,000 won to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 (including all kinds of numbers; hereinafter the same shall apply), witness E and F's testimony and the purport of the whole pleadings

2. To arrange the arguments and issues of the parties;

A. (1) The Plaintiff’s assertion (1) was merely in the position of supplying steel materials in relation to the steel structure construction of this case performed by the Defendant, and was not in the actual subcontractor’s position. The Plaintiff supplied the instant materials at the Defendant’s request, and provided the instant service costs incurred in the process of storing the instant materials at the construction site of this case.