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(영문) 부산고등법원(창원) 2016.05.12 2015나21830
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Defendant Co., Ltd. added by the Plaintiff at the trial.

Reasons

1. Basic facts

A. In relation to the parties, the Plaintiff is a company with the objective of leasing heavy equipment, etc., and the Defendant Jeongdong Construction Co., Ltd. (hereinafter “Defendant Jeongdong Construction”) is a company with the objective of housing construction and selling in lots, etc., and the Defendant limited partnership company, military master construction (hereinafter “Defendant Gun Construction”) is a company with the purpose of building works, engineering work, etc.

B. On June 14, 2013, Defendant Jeongdong Construction Co., Ltd. (hereinafter “A”) subcontracted the construction of reinforced concrete among the construction of a funeral hall located in the Gwangju Mine-gu B and six lots of land to A. (2) On June 17, 2013, the Plaintiff entered into a contract with A to lease temporary materials, such as the eroppher, and the eroppher, to be used at the site of the new construction work (hereinafter “instant lease contract”), and leased the temporary materials, such as the eroppher, to A.

3) On October 10, 2013, A submitted a written waiver of the construction work to Defendant Jeongdong Construction. While settling accounts on the same day, Defendant Jung Dong Construction and A agreed to approve the use of the said temporary materials used at the said construction site by Defendant Jungdong Construction. However, Defendant Jungdong Construction did not obtain consent from the Plaintiff regarding the said agreement. However, Defendant Jungdong Construction directly performed the said construction work from around that time and completed the said construction work on January 7, 2014, and used the said temporary materials during that construction process.

C. On May 1, 2013, Defendant Gun Construction Co., Ltd. and Defendant Gun Construction Co., Ltd. subcontracted reinforced concrete construction works among the construction works for the construction of a new urban-type housing in Gwangju Dong-gu and E located F-type City Residential Housing. 2) On August 28, 2013, the Plaintiff entered into a contract with A to lease temporary materials, such as water pumps, to be used at the construction site (hereinafter “instant lease contract”).

3 The construction cost of defendant Gun shall be the construction cost higher than that of A.

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