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(영문) 대구고등법원 2017.01.11 2016나357
부당이득반환
Text

1. The plaintiff's claim changed in the trial is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. The status of the parties is a company that engages in reinforced concrete construction business, soil construction business, etc., and the defendant is a person who operates a sand shed (a mixture of sand and gravel), mixed soil (a mixture of sand and gravel), mixed soil (a soil other than sand and mixed soil) in the trade name of “B”, and a person who operates a sand shed (a total of sand, mixed soil, and sand).

B. On December 13, 2012, the Plaintiff entered into a contract for the remaining soil treatment construction work with the Ship Owner Construction Co., Ltd. (hereinafter “Ship Co., Ltd.”). The Plaintiff entered into a contract with the Ship Owner Construction Co., Ltd. for the remaining soil treatment work (hereinafter “the construction site”). The main contents are as follows.

1. Period: From December 2012 to March 2013;

2. The scope of construction works;

(a) Disposal of private soil at an authorized place;

(b)The transportation of residual soil shall be authorized enterprises and private land and the confirmation of the place of shipment and the submission of the certificate of shipment (not later than three days prior to the work);

(c) Daily residual soil taken out: 350 vehicles/days; and

3. Contract amount: 863,940,000 won = the value of supply 785,40,000 won + the additional tax amount of 78,540,000 won.

4. Quantity;

(a) Calculation of the volume of the official use (a) and the basis for the volume of drawings;

(b)The upper useful soil shall be separately processed and settled in actual quantities;

(c) Standards for the quantity of tea per dump truck;

(d) all reclaimed soil, deposited soil, and PALE sub-soil.

: The shipowner shall pay to the Plaintiff KRW 35,000 per 25 tons of dump truck (12 cubic meters).

(e) An useful soil: The plaintiff shall pay 36,000 won per 25 tons of dump truck (12 cubic meters in cubic meters) to the shipowner's case.

(f)to enter into the above unit price when determining the volume of the construction work;

5. Terms and conditions of construction works;

A. Since the Plaintiff visited the instant construction site to calculate the unit price after ascertaining the geological condition, there is no change in the unit price increase or the unit price reduction according to the geological change.

The selection of a private road shall be operated by the plaintiff regardless of the distance, and the unit price shall not be changed due to an increase in the distance from the private road.

Provided, That a sand site shall be a site.

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