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(영문) 대전지방법원 2014.12.24 2014가합1229
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On July 8, 2013, the Plaintiff entered into a contract with Sejong Special Self-Governing City for construction of DNA disaster prevention projects implemented in Sejong Special Self-Governing City (hereinafter referred to as “scriptive Construction”). On July 8, 2013, the Plaintiff entered into a contract with the Defendant for a construction project for the improvement of the three-stage sewage culvert (hereinafter referred to as “instant construction project”) with the construction cost of KRW 370 million (excluding value-added tax) and the construction period from July 8, 2013 to December 15, 2013 (hereinafter referred to as “instant construction contract”).

B. The Defendant, who is an employee, had E and F work for the field director of the instant construction and the director of the construction division, respectively. On September 2013, E retired from office around September 2013, the head of the site office of the instant construction site was changed to H in sequence around September 2013 and around November 2013.

C. On August 12, 2013, the Defendant issued to the Plaintiff a tax invoice of KRW 10 million with respect to the supply price of the instant construction project, and KRW 10 million with respect to the amount of tax. On August 13, 2013, the following day, the Plaintiff transferred KRW 10 million to the Defendant as the construction price (in advance).

The construction of this case was completed in the middle of January 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 4 (including Serial number; hereinafter the same shall apply), witness F’s testimony, and the purport of whole pleadings

2. The parties' assertion

A. On or before August 13, 2013, the Plaintiff asserted that “the payment of all the construction costs, such as personnel expenses, materials and equipment costs,” made by the Defendant at the request of the Defendant, and accordingly, KRW 495,335,257, totaling KRW 495,335,257 upon the Defendant’s monthly demand for funding submitted by FF. ① KRW 51,276,850 on August 2013 ② KRW 68,69,590 on September 69, 2013 ③ KRW 81,302,931 won on October 8, 2013 ④ KRW 98,247,39,50 on November 1, 2013 ④ KRW 34,875,1475,630,340 on behalf of the Defendant on December 6, 2014:

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