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(영문) 수원지방법원여주지원 2015.01.14 2013가단15878
부당이득금반환 등
Text

1. The Defendant’s KRW 16,00,000 for the Plaintiff and 5% per annum from November 30, 2013 to January 14, 2015.

Reasons

1. Facts of recognition;

A. On February 8, 2012, the Plaintiff (formerly: D Co., Ltd.) entered into a subcontract with the Defendant (formerly: D Co., Ltd.) on the instant construction works, and on February 8, 2012, the Plaintiff entered into a subcontract with the Sincheon-si for the Emcheon-si Restoration Works (hereinafter “instant First Works”) and the Macheon-F Small River Reclamation Works (hereinafter “instant Second Works”). The Defendant again selected sub-contractors with respect to each of the instant construction works, and performed the said construction works.

B. The Plaintiff and the Defendant, as a general construction company, are prohibited from subcontracting to the Defendant pursuant to Article 96 of the Framework Act on the Construction Industry. In order to avoid such illegal subcontracting, the Plaintiff and the Defendant issued tax invoices, etc. in the form of direct payment by the Plaintiff, and created the appearance that the Plaintiff directly manages each of the instant construction projects. The Plaintiff paid the construction price by the subcontractor to the Defendant and the Defendant paid the construction price to the subcontractor.

C. The Plaintiff paid KRW 44,196,00 for the subcontract price, including the subcontract price, to the Defendant from March 2012 to February 2013, 2013. Regarding the instant secondary construction project, the Plaintiff paid KRW 89,24,111 to August 2013 in relation to the instant secondary construction project.

The representative G of the defendant used part of the subcontractor's construction cost included in the above construction cost as land purchase cost, etc. After all, the plaintiff's receipt of the construction cost as above from the plaintiff and the payment of the construction cost of the subcontractor's 18,952,340 won and the second construction of this case shall be made.

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