logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.19 2018가합593475
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff” was changed from May 15, 2018 to the current trade name) is a company established for the business purpose of manufacturing and selling water and wastewater treatment equipment, etc., and the Defendant is a company established for pipes, equipment, assembly, etc. as its business purpose.

B. The Plaintiff entered into each of the instant subcontracts to the Defendant as follows: (a) part of the construction ordered by D Co., Ltd. (hereinafter “D”)

① On October 21, 2016, the Plaintiff subcontracted part of the construction work on “E site” (hereinafter “former primary construction work”) to the Defendant, and on May 1, 2017, part of the construction work on “F site” (hereinafter “former secondary construction work”).

② On October 18, 2017, the Plaintiff subcontracted to the Defendant the “G Corporation” (hereinafter “instant primary construction”) and the “H Corporation” on October 25, 2018 (hereinafter “instant secondary construction”) respectively.

(hereinafter referred to as the “instant subcontract”). C. The contract for construction works entered into with respect to the instant 1 and 2 construction works (hereinafter referred to as the “instant subcontract”).

In the process of the instant construction work, the Defendant demanded the Plaintiff to compensate for any loss incurred by additional human resources input, and accordingly, disputes arose in relation to the Defendant’s compensation for losses incurred by additional human resources inputs between the Plaintiff and the Defendant. (2) Accordingly, on May 21, 2018, the Plaintiff and the Defendant entered into an settlement agreement with the following contents (hereinafter “instant settlement agreement”) to terminate the said dispute.

The name of the contract for the settlement agreement: Each period of construction of the subcontract of this case from October 18, 2017 to May 30, 2018: The settlement amount: The detailed statement of the settlement amount of daily gold KRW 2,390,860,000 (excluding value-added tax) at the current status of the settlement amount of KRW 2,390,000,000,000,000 won: daily gold KRW 219,90.

arrow