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(영문) 서울남부지방법원 2014.10.02 2014가합100437
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 14, 2012, the Plaintiff received a contract for the new construction of C factory from Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the part of the construction cost of KRW 6.637.4 million (including value-added tax) and entered into a subcontract to the Defendant on October 8, 2012. In the said subcontract, the Plaintiff agreed to pay the subcontract price directly to the Defendant, the subcontractor, who is the subcontractor. The said subcontract was modified and added as follows, and the final subcontract price was agreed to be KRW 1,078,000 in total.

[Contents of subcontract] The 2nd subcontract amount of the 1st subcontract (including value-added tax, October 8, 2012) under the condition that the 1st subcontract price (including value-added tax) shall be paid once a month for the 748,000,000 won and the 2nd subcontract amount of April 23, 2013 (the extension of the construction period) (the 415,80,000,000 won and the 330,000,000,000 won and the 30,000,000,000 won and the 30,000,000,000 won and the 30,000,000 won and the 1,30,000,000 won and the 1,00,000 won and the 10,000,000 won and the 13,05,00,000 won and the 130,05,0,05,00.

[Payment Statement] On October 26, 2012, whether the Defendant’s payment method was issued, the Plaintiff endorsed and delivered (hereinafter “delivery”) to the Defendant on a bill issued by Nonparty Company 500,000,000,000 on October 26, 2012, which was not issued on October 26, 2012 (hereinafter “Account Transfer”) to the corporate bank account of Defendant representative director D’s representative director D’s representative director’s bank account transfer on October 26, 2012.

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