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(영문) 대구지방법원포항지원 2015.10.30 2013가합40211
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. On August 9, 2011, the Plaintiff was awarded a contract for C Construction Work (hereinafter “instant entire Construction Work”) with the construction cost of KRW 1,165,717,00,00 from the port of call, as well as the construction period of KRW 1,165,717,00 from August 16, 201 to May 11, 2012 from the port of call (hereinafter “instant entire Construction Work”). The construction cost is KRW 280,50,000 on April 23, 2012 by agreement with the port of call after the conclusion of the contract for construction work.

9. 25.1,457,200,000 each increased.

(1) A contract that is amended on October 30, 201 ( October 258, 201; 208,500,500,000 on May 15, 2012; 208,50,000 on October 30, 201 of the initial contract for reinforced concrete construction works as of the date of completion of construction work (the date of completion of the original construction contract) shall be October 25, 201; 36,00 on June 30, 2012; 4. The final contract on September 25, 2012; 10,10,000; 4. The final contract on October 14, 2011; 10,000; 4. The final contract on September 26, 2012; 10, 2014;

With respect to reinforced concrete construction and soil construction among the entire construction of this case, the Plaintiff and the Defendant respectively prepared the basic subcontract agreement (Evidence No. 1), the modified subcontract agreement (Evidence No. 2) and the final subcontract agreement (Evidence No. 3, hereinafter collectively referred to as the "each of the instant subcontract agreements") with the following contents:

1. The construction site: D in south-gu, Gyeongbuk-do; and

2. Period: From October 14, 201 to September 25, 2012;

3. Construction amount: An amount equivalent to 87 percent of the amount obtained by subtracting three major insurance premiums (industrial re-insurance premiums, employment insurance premiums and retirement pension premiums) from the Plaintiff's contract construction amount of KRW 1,324,727,272 (excluding value-added tax);

4. Payment: The plaintiff shall settle accounts and pay it to the defendant within 30 days after receipt of the construction price from the port of call by the plaintiff.

C. On September 2012, the Plaintiff and the Defendant: (a) around September 2012, when the Corporation had been continuing, written an agreement (Evidence A 11; hereinafter “instant agreement”) with respect to all matters necessary to perform the entire construction works of this case as follows.

On the other hand, this case.

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