(영문) 대전지방법원서산지원 2020.03.31 2019가단54844

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(영문) 대전지방법원서산지원 2020.03.31 2019가단54844

부당이득금반환등 청구의소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings in each entry in Gap evidence of 1 to 4, 6, and 7 (including the branch numbers, if any).

(1) The Plaintiff’s supply and demand of construction and installation of H beam beam at the construction site (hereinafter “C”) on May 21, 2008

A) Of the new construction works of a new hotel building on the fifth fifth floor above the seventh floor above the ground in which the Defendant (a “stock company D” (hereinafter “D”) was at the time, but mutually changed as of October 1, 2018), among the new construction works of a new hotel building on the fifth floor above the seventh floor above the ground, a construction subcontract for the construction works for earth and facility construction works and ancillary civil engineering works (hereinafter “instant construction contract”).

2) In order to prevent the collapse of the underground construction site, the Plaintiff established H-PLE, etc. as indicated in attached Form 2 (hereinafter “instant H-PLline”), and the instant H beam remains at the construction site of this case up to the present day.

B. The plaintiff's lawsuit against C

1. C shall be paid to the Plaintiff KRW 150,00,000, which shall be paid in three installments, and 50,000,000 shall be paid on the last day of each month from October 2017 to December 2, 2017. If C delays the payment of some of the above amounts on each of the above payment dates, it shall immediately lose the benefit of the time, and shall be paid to the Plaintiff in full at once, but damages for delay calculated at the rate of 15% per annum from the day after the date of loss of the benefit of time to the day of full payment shall be paid plus damages for delay calculated at the rate of 15% per annum.

2. The plaintiff and C confirm that the settlement of all claims and obligations relating to this case has been completed with the payment of the amount set forth in paragraph 1.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

1. The instant construction works shall be suspended on October 2014.

유사 판례

-대전지방법원서산지원 2020.03.31 2019가단54844

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