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(영문) 인천지방법원 2015.07.17 2013가단228930
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts under the recognition of facts do not conflict between the parties, or may be recognized by comprehensively taking into account the respective descriptions of evidence A1, 2, 4, 5, 6, 9, 1 and 2 (including partial numbers), the testimony and the whole purport of the testimony and arguments by the witness A, and the testimony by the witness B is insufficient to reverse the statements of evidence A10 and the witness B, and there is no counter-proof otherwise.

The Defendant: (a) supplied C Housing Redevelopment Project Association’s supply of and demand for new apartment construction works on the ground of Busan Shipping Daegu D; (b) on April 23, 2012, the Defendant re-subcontracted the instant construction works to B (mutually: E) on the construction cost of the said construction works, with the construction cost of KRW 5,625,730,860 (including value-added tax) and the construction period of the said construction (hereinafter “instant subcontract”); and (c) on November 30, 2014, the instant construction works were subcontracted to B (mutually: E).

B. On August 10, 2012, the Plaintiff entered into a contract with B, with the sn beamline H298 284,758 g and H300 79,456 g (hereinafter referred to as “instant material”), under which the lease period is six months until February 10, 2013, and the user fee between six months and 240 won per 1 km, to pay additional rent on a monthly basis when the instant material is used continuously after the lease period expires (hereinafter referred to as “instant lease contract”).

C. Around February 2013, when the representative director was temporarily set aside due to bankruptcy and the construction was suspended, the Defendant, upon termination of the instant subcontract with the Defendant on March 27, 2013, settled and paid the total amount of KRW 5,367,360,863 up until then. On May 24, 2013, the instant construction was completed by entering into a new subcontract with the F Company and the F Company on November 2014.

The Plaintiff, as shown in the attached Table from the Defendant, excluded the remainder from April 26, 2013 to August 28, 2014, after the termination of the instant lease agreement, excluding 25,759 kg.

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