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(영문) 인천지방법원 2017.03.08 2014가단81053
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On June 27, 2014, the Plaintiff subcontracted to the Defendant, on June 27, 2014, KRW 115,50,00 (including value-added tax) for the relocation of the branches of the National Bank B (hereinafter “National Bank”) that the Plaintiff contracted from the YI Co., Ltd. (hereinafter “National Bank”), and paid KRW 66,87,951 for the construction cost to the Defendant from June 27, 2014 to July 18, 2014. The Defendant delayed the said construction and paid KRW 66,87,951 for the construction cost. The Defendant did not issue a warranty bond, tax invoice, and tax invoice to the Plaintiff even if there were many defects in the said construction, and thus, the Defendant directly performed some construction work. Accordingly, the Defendant should return the total construction cost of KRW 5,792,551 (-5,792,500,000, KRW 115,500,00 for the construction cost directly due to the construction cost.

B. On July 25, 2014, the Plaintiff paid KRW 62,00,00 (including value-added tax) to the Defendant for the full-scale repair work for Han Bank C branch of Han Bank (hereinafter “ Han Bank”) contracted by Han Bank C (hereinafter “C branch”), and the construction period from July 25, 2014 to August 31, 2014, and paid KRW 50,873,242 to the Defendant for the construction cost. The Defendant delayed the said construction; the Plaintiff did not issue the security bond and tax invoice; the Plaintiff did not directly perform part of the construction work; and the Defendant directly performed part of the construction work. Accordingly, the Defendant must return the total construction cost to the Plaintiff with KRW 62,60,496 (-30,60,600,000 - KRW 62,54,527,527 - 3636,53636,6364,636,5636,57

2. Determination

A. In full view of the evidence Nos. 1, 5 through 10, 11, 13 through 15, and the purport of the entire pleadings No. 2, the Plaintiff shall be considered.

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