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(영문) 대구지방법원의성지원 2016.01.26 2013가합286
부당이득금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 29,849,430 to the Plaintiff (Counterclaim Defendant) and its related amount from December 22, 2012 to January 26, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 3-6 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 19-21, and there is no counter-proof.

The Plaintiff is a company running a “C” golf course (hereinafter “instant golf course”), and the Defendant is a construction business operator who lends the name of “D” company.

B. Around May 2012, the Plaintiff entered into a contract between the Defendant and the Defendant with the terms and conditions that the construction amount shall be KRW 352,00,000 (including value-added tax) for the E-circulating Works, and the scope of construction shall include the packaging in front of the E-circulating road and the E-circulating road, including the end of the G livestock shed, but excludes three roads (hereinafter “the construction within the said construction scope”), design cost of KRW 25,00,000, totaling approximately 46 meters of the damage compensation cost for the obstacles of residents, and the second construction cost of KRW 15,00,000,000, and the second construction cost of the construction (hereinafter “the first construction contract”).

C. The Defendant completed the primary construction work, the packing work of access roads to golf courses, the construction of stone embankments, the construction of stone embankments (bridges), the L side-type construction, the stone-based foundation construction, and the stone-Stockpiling construction work (hereinafter “additional construction”), and the remainder of the construction except the primary construction among the above construction works, and the “instant construction” under the name of the primary construction work.

During the period from May 4, 2012 to December 21, 2012, the Defendant received KRW 130,000,000, respectively, from H and I as the purchase price for the golf course membership of this case issued by the Plaintiff as the Defendant’s deposit account, and deposited KRW 160,000,000 to K as KRW 104,00,000.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The construction cost indicated in the design budget for the primary construction project (hereinafter “design construction cost”).

India 527,759,287 Won 352,00,000, the contract amount of the instant primary construction project.

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