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(영문) 청주지방법원 2019.07.11 2018가단21678
손해배상청구 등의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff was awarded a contract for D’s construction work from the Korea Rural Community Corporation’s public interest branch and hired Defendant B as an employee from September 1, 2015 to November 1, 2015 of the same year, and was in charge of the selection of the construction-related company and the preparation of the contract. The period is imminent, and it was required to prepare it in advance from August 28, 2015.

B. Around August 31, 2015, Defendant B entered into a astronomical construction contract with the Defendant Company E, a representative, and agreed on KRW 42,670,00,000,000 for the actual construction work. However, Defendant B deceiving the Plaintiff by withdrawing the construction work price with the contract amount of KRW 54,761,00,00 for the construction cost, and the Plaintiff by mistake paid the price to E company; Defendant B acquired, embezzled and embezzled it by receiving a refund of KRW 104,093,00,000 out of the difference.

C. Therefore, Defendant B is liable to compensate for damages caused by fraud and embezzlement, and Defendant C is liable to pay the amount of damages to the Plaintiff as unjust enrichment because it acquired profits without joint tort or legal cause since it conspired to commit an illegal act by Defendant B.

2. Facts of recognition;

A. On or around August 17, 2015, the Plaintiff received contracts from the Korea Rural Community Corporation (the competent branch office of the Jeonnam Regional Headquarters) for “D Installation” (hereinafter “D Construction”) during the construction period of KRW 2,971,335,00, and the construction period of KRW 2,971,335,000, and from August 21, 2015 to November 30, 2015.

(B) On November 25, 2015, the construction cost is changed to KRW 3,403,923,00 and the construction period is changed to December 28, 2015).

Around August 24, 2015, the Plaintiff prepared a service contract for the supply and service of geothermal goods with the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.” and Defendant B (“Defendant”) to the effect that the instant construction work is collectively subcontracted at KRW 2,624,600,000, and on August 26, 2015, the construction cost shall be reduced to KRW 1.1 billion, and the remainder of the contract amount between the Korea Rural Community Corporation and the Plaintiff shall also be added to 90%.”

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