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(영문) 수원지방법원평택지원 2015.11.26 2014가단8436
구상금
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 Defendant (formerly: C Co.), a construction company, was awarded a contract for “D installation” (hereinafter “instant construction”) and completed all the construction works around October 2010, starting around March 201.

B. The Defendant appointed E as the head of the site of the instant construction, who was in charge of the management and supervision of the construction. Of the instant construction, the Defendant ordered F (mutual name) to perform construction of steel pots, concrete pool and sub-sub-subsubcons, a corporation, and H (mutual name: I) to perform construction of a golf gate network.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), witness E's testimony, the purport of the whole pleadings

2. The Plaintiff’s assertion paid KRW 18,00,000 for E’s salary for the instant construction site manager, and paid KRW 15,000,000 to F, a subcontractor of the instant construction project, and KRW 2,513,550 for the instant construction site, and KRW 13,00,000 for each equipment usage fee and material purchase price.

Therefore, the defendant is obligated to pay the amount equivalent to the above expenses to the defendant by repaying the management expenses pursuant to Article 739(1) of the Civil Act.

3. Determination

A. The Plaintiff paid the Plaintiff’s claimed money to the bank account of E, which is the director at the construction site of this case, (1) returned the Plaintiff’s total amount of KRW 3,00,000,000 on August 8, 2010, and KRW 3,000,000 on December 20, 201, and KRW 3,000,000 on February 1, 201, and KRW 3,000,000 on March 10, 201, KRW 3,000 on April 6, 2011, and KRW 18,00,000 on April 3, 201, and KRW 18,00,000 on April 8, 201 as well as the fact that the Plaintiff made a claim for the payment of the money to E at the construction site of this case, or the Plaintiff made a clear statement from the Plaintiff’s intent to make the payment to the Plaintiff at the specific expense.

(2) The fact that he/she remitted the amount of KRW 15,00,000 to F, who is a subcontractor of the steel pot to F, as of July 28, 2010, and 3 concrete.

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