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(영문) 전주지방법원 2019.12.20 2019나1834
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

Upon the primary claim, Defendant B shall be the Plaintiff, and Defendant B shall be 10,574.

Reasons

1. Facts of recognition;

A. On April 25, 2017, G concluded a contract for the construction work of the F development project with G (hereinafter “G”) at the first day of the Gangwon-gu Gangwon-gun. G entered into a subcontract with the Plaintiff on April 25, 2017 with respect to the landscaping planting project during the said construction work (hereinafter “instant construction”).

The Defendants concluded a construction machinery rental contract with the Plaintiff on April 2017 with respect to the instant construction work, and leased construction machinery to the instant construction site with the name of “J” at the construction site.

B. Around September 2017, the Defendants entered into an agreement on direct payment of the rent for the lease of construction machinery (hereinafter “instant agreement”) with G and the Plaintiff on the content of the lease of construction machinery, which is separate from that of G and the Plaintiff at the time of pre-use inspection and pre-use inspection, the Defendants were obliged to pay the rental fee to the Defendants directly.

C. Around September 2017, G and the Plaintiff submitted a written claim for the construction cost (the first completion of construction works; hereinafter “instant claim”) to the Stick-gun in accordance with the instant agreement. Pursuant to the instant claim, on September 28, 2017, the Stick-gun remitted KRW 36,01,90 to Defendant B as the rental fee for construction machinery, KRW 28,987,300 to Defendant C, and KRW 29,77,300 to Defendant D, respectively.

After receiving the above amount, the Defendants immediately remitted the amount of KRW 16,570,00 to E, Defendant B, Defendant C, and Defendant D, to KRW 24,70,00,00.

The construction machinery rental fee to be actually paid between the Plaintiff and the Defendants at the time of the claim for the construction cost of the first completion was KRW 25,437,50, Defendant C3,850,000, Defendant D5,280,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The defendants of the cause of the claim claimed construction machinery rental fees in excess of the construction machinery rental fees.

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