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(영문) 수원지방법원 2015.04.28 2014가합11683
부당이득금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendants are the owners of the construction of an officetel in Kui-gu C (hereinafter “instant construction”). The Plaintiffs are subcontractors who are the contractors of the instant construction, and they are subcontractors who were awarded a subcontract for large-scale construction and tin construction from Daeung-gu Integrated Construction Co., Ltd.

B. Around February 15, 2012, the instant construction project commenced. While the instant construction project was underway, the construction was interrupted due to the failure to pay the construction cost to the Plaintiffs. The Defendants agreed to pay the remaining construction cost directly to the Plaintiffs on January 15, 2014, and the Plaintiffs resumed the suspended construction work and completed the instant construction project.

C. On April 24, 2014, the Defendants drafted “a letter of completion of the agreement on the payment of subcontract and material costs and a letter of waiver of rights” (hereinafter “each of the instant notes”) with the content that the Defendants paid KRW 68,548,440 to Alank Co., Ltd., and KRW 197,108,950 to continental stone Co., Ltd., to adjust the construction cost related to each subcontracted work, and that “the Plaintiffs who received progress payment for the said subcontracted work shall not exercise any rights and waive all rights with the Defendants in the future.”

On April 25, 2014, the Defendants paid the respective construction cost on each of the instant letters to the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 6-1 through 4, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. The Defendants asserted that the instant lawsuit constitutes an agreement between the Plaintiffs and the Defendants in the form of a non-instigation clause, and thus, constitutes a non-instigation clause, and thus, the instant lawsuit is unlawful as it did not constitute a violation of the non-instigation clause.

The interpretation of a juristic act shall be limited to the parties.

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