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(영문) 대전지방법원 2018.12.19 2018가합100162
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The gist of the Plaintiff’s assertion is that the Defendant entered into a subcontract with the Defendant on the electrical construction of convenience stores that the Defendant contracted with C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) for a period of ten years or longer after entering into a subcontract with the Defendant.

Pursuant to the above subcontract, the Plaintiff entered into a contract with ① new convenience point construction, ② attachment and temporary construction of facilities to open new convenience points, ④ installation of a survey room (hereinafter referred to as “the number”). The Defendant agreed to pay KRW 150,000 per case to the Plaintiff as the actual cost of survey, etc. (1) as to the construction work, the Defendant agreed to pay KRW 150,000 per case to the Plaintiff, including material cost, industrial accident premium, and safety management cost (hereinafter “original contract amount”).

The Plaintiff performed subcontracted works from January 2008 to March 2016 pursuant to the aforementioned oral agreement. The Defendant did not pay to the Plaintiff a total of KRW 385,691,290 [including 114,575,00 (=113,323,802 won 1,251,200 won, 119,251,200 won, 250 won, 119,4350 won, 300 won, 119,435,500 won, 200 won, 435,50 won, 300 won, 405,608, 705, 400 won, 500 won, 200 won, 119,435,600 won, 308,500 won, 450 won, 200 won, 405,7505.00 won]

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