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(영문) 수원지방법원 2016.02.18 2013가단99504
부당이득금반환
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 is a constructor who runs a construction business with registration of reinforced concrete construction business.

B. On December 15, 2011, the Plaintiff entered into a subcontract with the International Construction Co., Ltd. (hereinafter “International Construction”), setting the construction cost as KRW 1,892,00,000 for reinforced concrete construction (hereinafter “instant construction”) among the “CF Construction Work for the Integrated Distribution Center of CF Livestock Products,” which was being constructed under a contract with the CF (hereinafter “CF”) by an international construction.

C. On January 19, 2012, the Plaintiff received payment of the first progress payment of KRW 77 million from the International Construction, and transferred money to the Defendant’s mother D’s account as used by the Defendant on January 20, 2012.

The Plaintiff asserted that “the Defendant worked as the warden of the instant construction site from December 15, 2011 to June 15, 2012, and received KRW 65 million from the Plaintiff in the first progress payment at the construction site of the instant construction site from the Plaintiff on January 20, 2012, and embezzled KRW 5,675,00 as wages at the construction site of the instant construction site, from the time from April 20, 201, to April 20, 201, the Plaintiff used KRW 24,584,50 as wages at the construction site of the instant construction site, and embezzled KRW 60,500 as wages at the construction site of the instant construction site of the Plaintiff, but it is difficult to conclude that the Defendant used the said KRW 605,50 as wages at the construction site of the Plaintiff 50,000,000 for the said construction site of the instant construction site of the Plaintiff.”

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