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(영문) 대구지방법원 2015.08.21 2014가단58259
부당이득금
Text

1. The Defendant’s KRW 8,368,612 as well as 5% per annum from January 18, 2014 to August 21, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On June 4, 2010, the commercial Dok Construction Co., Ltd. (hereinafter referred to as “ commercial Dok Construction”) was awarded a subcontract for the part of the pipeline construction (one section) among the C projects contracted by the Han Dok Construction Co., Ltd. (hereinafter referred to as “ Han Dok Construction”) from the Han Dok Construction Co., Ltd., Ltd., for the construction cost, KRW 60,000,000 (excluding value-added tax) and the construction period from June 4, 2010 to October 7, 2012.

B. On March 16, 201, Plaintiff Company and D were re-subcontracted with some of the above subcontracted projects (hereinafter “instant subcontracted projects”) at the contract price of KRW 5,50,000,000 (excluding value-added tax) and the construction period from March 16, 201 to October 7, 2012.

C. From April 11, 2011 to July 29, 2011, the Defendant leased the Plaintiff Company with cumpers (0.3W, E), and dump trucks (25 tons, F), and provided the Plaintiff with labor by using the said equipment at the construction site of the instant case.

(hereinafter referred to as “the cost of the instant equipment”) d.

The details paid in relation to the cost of equipment of this case are as follows.

(1) On June 7, 201, the Plaintiff transferred KRW 13,000,00 to the Defendant.

(2) The Plaintiff paid the Defendant’s expenses as follows.

On June 13, 201, 13, 260, 311 G (H gas station) fuel price of KRW 50,00,00 on June 13, 201, 30 the sum of the meal cost of KRW 451,00 won on June 13, 201, KRW 30,00 on the 451,00 L (MM restaurant), KRW 5,039,411 on June 13, 201, KRW 10,00 on the date of remittance, KRW 30,00 on the aggregate of the meal cost of KRW 5,00 on May 28, 201, KRW 10 on the 30,05, KRW 105, KRW 10,50 on May 28, 201, KRW 13,730 on the payment date of KRW 10,50 on May 29, 2015.

(4) The construction contract was rescinded from the construction of the Han River, and thereafter the construction contract was rescinded.

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