logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.13 2015가단218569
부당이득금반환 등
Text

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

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the whole purport of the arguments and arguments as to Gap evidence 1 to 6, Eul evidence 1 and 2 (including branch numbers if any) and each fact inquiry as to 3 stock companies of this court.

On June 26, 2013, the Plaintiff was awarded a contract for the construction of platform facilities from Samho Co., Ltd. (hereinafter referred to as “Non-Party Co., Ltd”) by the period of September 14, 2014 during the construction period (including value-added tax) and the construction cost of KRW 2,530,000,000 among the construction works of D Commercial Facilities located in the Dong-si in Gangwon-do.

B. On February 17, 2014, Defendant A Co., Ltd. (hereinafter “Defendant Company”) received a subcontract from the Plaintiff for the construction cost of KRW 109,00,000 (excluding value-added tax, KRW 54,500,000, an intermediate payment of KRW 27,800,000 until March 20, 2014; and KRW 32,70,000,000 within three days before the date of the site installation; and the construction period of the said platform facility construction (within ten days after the completion of installation and trial operation) by setting the period of construction by September 10, 2014.

(hereinafter referred to as the “instant construction contract”). C.

Accordingly, the Plaintiff paid the Defendant Company KRW 59,950,000, totaling KRW 30,000 on March 20, 2014, including value-added tax, and KRW 29,950,000 on April 22, 2014.

However, the instant construction was not completed until April 2015.

E. Thereafter, around April 2, 2015, Defendant B and Defendant C, the representative of Defendant Company and its representative, prepared to the Plaintiff a letter of undertaking to complete the instant construction by April 30, 2015, and the instant construction was completed on or around the beginning of May 2015.

F. Meanwhile, in the process of the instant construction project, the Plaintiff paid to the Defendant Company the instant construction cost of KRW 79,50,000,000 on April 3, 2015, KRW 4,000,000 on April 8, 2015, and KRW 25,000,000 on April 17, 2015, and KRW 32,50,000 on April 27, 2015.

arrow