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(영문) 대구지방법원 2018.02.09 2015가합204063
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Around May 10, 2014, Subdivision Construction Co., Ltd., a contractor for D construction ordered by Daegu Green Energy Center Co., Ltd. (hereinafter “SS Construction”) subcontracted the subcontracted construction to the Plaintiff during the construction period, setting the construction period from May 12, 2014 to June 28, 2016 as KRW 9 billion for construction cost (including value-added tax) and re-subcontracted the subcontracted construction to the constructor E during the construction period from May 10, 2014 to June 28, 2016.

B. Around May 15, 2014, Defendant B, who runs the business of leasing temporary materials with the trade name “F,” entered into a contract under which the Plaintiff leases the necessary temporary materials for the instant construction (hereinafter “first lease contract”) and Defendant B supplied the said temporary materials to the site of the instant construction project in accordance with the said contract.

C. Around June 26, 2016, Defendant C, who runs the business of leasing temporary materials in the name of “G,” entered into a contract under which the Plaintiff leases the necessary temporary materials for the instant construction (hereinafter “second lease contract”) and Defendant C supplied the said temporary materials to the site of the instant construction project in accordance with the said contract.

Defendant B and C did not receive the rent, etc. for the temporary materials supplied by the Plaintiff for the instant construction site, and on or around February 16, 2015 and around February 24, 2015 of the same month, Defendant B and C applied for provisional attachment of the Plaintiff’s claim for the instant construction cost claim against ZS Construction (Seoul District Court 2015Kadan904, 2015Kadan1017), and around February 23, 2015 and the same year.

3. Around June, the Plaintiff filed a principal lawsuit against the Plaintiff (Tgu District Court 2015Gahap1080, 2015Gahap1271).

Agreement (Defendant B)

1.(a)

Party B (Plaintiff) shall pay the unpaid materials rent to Party B (Defendant B) by the end of February 2015.

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