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(영문) 창원지방법원밀양지원 2016.06.14 2015가단665
부당이득금반환등
Text

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

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

Reasons

Plaintiff’s assertion

On October 2, 2014, the Plaintiff, under Defendant B’s joint and several sureties, concluded a contract for the D Hospital Extension Work with Defendant A Medical Foundation (hereinafter “Defendant Foundation”) for the construction cost of KRW 1,02,3 million (hereinafter “instant contract”), and paid the Defendants the design cost of KRW 6,00,000 on behalf of the Defendants.

In addition, the Plaintiff believed the implementation of the instant contract, and paid KRW 1,758,00,000 for personnel expenses for field agents, and KRW 1,758,00 for general management expenses necessary for the establishment of a field office.

However, the contract of this case was not implemented due to the reasons attributable to the defendants. The defendants are jointly and severally liable to pay to the plaintiff the above amount of 6 million won paid for the design cost, 8.8 million won for on-site agents, general management expenses of 1,758 million won, and 3,238 million won, and damages for delay.

Judgment

According to the purport of Gap evidence No. 2 and the whole argument, the plaintiff is recognized as having entered into the contract of this case with defendant Foundation on October 2, 2014 under the joint and several guarantee of defendant B.

However, there is no evidence to prove that the contract of this case was not implemented due to the reasons attributable to the Defendants, and that the Plaintiff paid the design cost on behalf of the Defendants, and paid the site agent personnel expenses, general management expenses, etc.

Therefore, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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