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(영문) 청주지방법원 2018.06.22 2018나207
부당이득금반환
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the construction project of five new construction lines on the ground of the Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant new construction project”).

B. On March 8, 2011, for E and the instant new construction, the Plaintiff prepared and obtained authorization and permission for construction and civil engineering design drawings of the Newly built construction work by E, and entered into a service contract with the content of KRW 130,000,000 (hereinafter “instant service contract”).

C. E entered into each service contract with Defendant B for the preparation of the instant new construction design drawings and specifications, and Defendant B completed the preparation of the design drawings and specifications, using them, obtained authorization for the instant new construction works on December 22, 201.

At the time of March 2012, the Plaintiff did not fully pay the service cost to E, and E did not fully pay the service cost to the Defendants.

On March 5, 2012, the Plaintiff deposited KRW 20,000,00 in the Agricultural Cooperative Account in the name of Defendant C, the representative of Defendant B.

E. E filed a lawsuit against the Plaintiff for service costs claim against the Plaintiff, Daejeon District Court Decision 2014Kadan5605, which was rendered on October 27, 2015, it was recognized that KRW 20,000,000 deposited by the Plaintiff to Defendant C was partially paid to the Plaintiff.

The Plaintiff filed an appeal with respect to the judgment of the court of first instance at Daejeon District Court 2015Na12381, but was sentenced to the dismissal of the appeal on June 17, 2016. The Supreme Court appealed 2016Da32353, but was sentenced to a judgment dismissing the appeal on October 13, 2016, and the said judgment became final and conclusive (hereinafter “related lawsuit”).

[Reasons for Recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1 evidence, witness E of the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is subject to the condition that the Defendants submitted the starting period of the instant new construction to the competent authority.

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