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(영문) 인천지방법원부천지원 2016.05.25 2015가단20911
부당이득금반환금
Text

1. The Defendant’s KRW 40,800,000 as well as the Plaintiff’s KRW 20% per annum from September 10, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff, who is engaged in the business of manufacturing construction subcontracts and steel structure in the trade name of the “C”, was awarded a contract for the construction of steel structure (hereinafter “instant construction”) in the building site of the building site of the Seoul Special Metropolitan City (Seoul Special Metropolitan City Nowon-gu D”) from the Dok-si Construction Co.,, Ltd. (hereinafter “Doknam-gu Construction”), and was engaged in the work by entrusting the F, G, etc. with some process.

B. From February 2015, the Defendant put one of the construction machinery owned by the Defendant into the construction site of this case at the request of E from February 2015.

C. However, prior to the completion of the instant construction, the situation where E, such as F, discontinued the construction and take place at the site.

On May 4, 2015, the Defendant: (a) was unable to receive the lelele rent from the E’s on the part of the Defendant, and was destroyed by the lewal during work; and (b) requested the Plaintiff and the lewal Construction from June 4, 2015 to solve the problem; and (c) began to hold an assembly and demonstration at the construction site of this case with the labor union members, etc. with the help of the labor union (the Construction Machinery Branch of the Democratic Labor-K

In such a situation, the Plaintiff and the Masu Construction agreed with the Defendant (hereinafter “the first agreement”) on June 9, 2015 at the end of the negotiations with the Defendant, with a view to resolving the issue through an agreement with the Defendant, and on June 9, 2015.

The content of the agreement was that "Sewun Construction is paid to the Defendant the amount of 65 million won agreed upon (the amount of boom boom boom 30,200,000 won (the amount of 4,80,000,000 won due to the repair of the boom boom boom boom boom, which is a KRW 30,000,000)."

Pursuant to the above agreement, the YY Construction paid a total of KRW 40,200,000 won on June 12, 2015 to the Defendant (=one million,000,000,000,000,000 won for the repair cost of the CY) on June 17, 2015, and KRW 20,02 million on June 17, 2015 (=one million,00,000,000,000,000).

E. After that, the defendant shall pay the balance of the agreed amount.

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