(영문) 부산지방법원 2018.05.15 2016가단312871

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(영문) 부산지방법원 2018.05.15 2016가단312871

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a company subcontracted by a new public corporation (hereinafter referred to as “new public corporation”) and the Hanyang Industrial Development Co., Ltd. (hereinafter referred to as “Korea-China Industrial Development”) among construction works for apartment housing of 1 and 2 complexes (hereinafter referred to as “instant construction works”), and the Defendant is a person who engages in construction business in the name of “C”.

On April 15, 2015, the Plaintiff and the Hanyang Industry Development entered into a contract with the following terms: (a) the construction cost of the instant construction work was KRW 1,582,500,000 (including value-added tax); and (b) the construction period was from April 15, 2015 to February 29, 2016; (c) the construction cost was KRW 1,825,00,000 (value-added tax exemption); and (d) the construction period was from April 15, 2015 to March 31, 2016.

On April 21, 2015, the Plaintiff entered into a contract with both Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) and the instant construction work, with the terms of KRW 1,375,00,000 (including value-added tax) and the construction period from April 21, 2015 to October 31, 2015.

[Grounds] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1 and 4 (including provisional numbers; hereinafter the same shall apply), the assertion of the purport of the whole pleadings, and the plaintiff's assertion that the plaintiff concluded a sub-subcontract to the non-party company for the construction of this case, and did not directly conclude a contract with the defendant. The defendant filed a petition with the non-party company related to the construction of this case, and the plaintiff paid the defendant KRW 29,36,09 (27,340,70 (28,04,601) for the two complex reorganization construction costs (28,04,60), labor costs and material costs, and construction costs (EV and water tank destruction) for the construction of this case.

However, labor costs and labor costs paid by the Plaintiff to the Defendant.

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