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(영문) 서울중앙지방법원 2016.02.05 2013가합5546
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company mainly engaged in the business of manufacturing and selling elevators, and the plaintiffs have been engaged in installation, maintenance, repair business, etc. of elevators for a long time as companies or individual business operators mainly engaged in elevator installation, maintenance, repair business, etc.

B. The defendant awarded a contract for the manufacture and installation works of elevators from the ordering person, and subcontracted them to the plaintiffs, or formed a joint supply and demand organization with the plaintiffs to have them perform the work of manufacture and installation works of elevators in the name of a joint supply and demand organization, or if a comprehensive construction company ordered the construction works of the whole building from the ordering person, the defendant formed a joint supply and demand organization with the plaintiffs and ordered them to perform the work of construction works by receiving a subcontract for the manufacture

C. The Plaintiffs and the Defendant: (a) prepare a written agreement on the construction contract for an elevator corresponding to a basic contract every one year; (b) if the Defendant’s staff in charge orders the commencement of the construction by setting up “the installation site, construction period, and elevator model”, the Plaintiffs’ work sites as instructed, (c) complete the construction work for an elevator at the construction site as ordered by the Plaintiffs; (d) file a report on the details of the work at the end of each month (before September 2012), or enter the work details or the number of inputs for each site (after September 2012) connected to the Defendant’s computer system and connected to the Defendant’s work site, and (e) file a report on the progress of the construction site on the date designated by the Defendant, the Plaintiffs’ employees in charge were examined, and then send the Plaintiffs the documents “the order details and the nature of the construction site” and “the details of the monthly appurtenant construction work” to the Defendant, and accordingly, the Plaintiffs

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