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(영문) 대전지방법원 2016.09.22 2015가단33912

부당이득금반환

Text

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

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

Reasons

1. Basic facts

A. On November 30, 2010, the Defendant, the representative director of which was C (hereinafter “C”) drafted a transport contract with D (hereinafter “the first transport contract”) with the content that the E Co., Ltd. (hereinafter “E”) will discuss the area of authorization and permission of E as a site for the construction of the E Co., Ltd. (hereinafter “E”), and that C shall transport soil and sand, stone, aggregate, etc. and pay D transport expenses with the location designated by E as a storage (hereinafter “C”).

Article 12 of the contract of carriage is a special stipulation that “A deposit of 300 million won shall be paid to C when dump 24 to 50 tons a day is maintained for not less than 50 to 3 months. C shall not raise an objection upon the failure of C to perform this contract. At the time this contract does not proceed, C shall become null and void. D shall compensate if D fails to perform this contract. The contract shall be paid KRW 0 million on November 30, 2010, and the balance shall be executed until December 15, 2010.”

B. On December 10, 2010, the Plaintiff drafted a transport contract between C and C with the content that the Plaintiff shall transport soil and sand and pay transport expenses (hereinafter “the second transport contract”). The Plaintiff shall prepare a transport contract between C and C, at the construction site the E’s construction site, the G Myeon H Myeon as the soil and sand, etc., and the Plaintiff shall transport soil and sand within the I Special Zone as the storage site.

Article 11 of the 2nd transport contract states, “After ratification from the conclusion of the contract with the plaintiff, C, D, and Hyundai Construction to the plaintiff, the corporation, the corporation, the corporation, the corporation, the original contractor, shall immediately pay the construction deposit from the original contractor, the plaintiff shall pay the amount of KRW 100 million to C, and C shall return the deposit to the plaintiff within five months from the date of commencement of the construction work without the molding to the plaintiff.”

C. On December 10, 201, the Plaintiff transferred KRW 50 million to C, in the name of performance guarantee, etc. under the second transport contract, KRW 50 million, KRW 50 million on December 15, 2010, KRW 40 million on December 25, 2010, KRW 30 million on January 17, 201, and KRW 170 million on January 17, 201, to D at C’s request. < Amended by Presidential Decree No. 22590, Dec. 21, 2011>