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(영문) 서울중앙지방법원 2017.01.19 2016가합536027
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

In around 2012, the Armed Forces Finance Management Body, which is an agency affiliated with the Plaintiff, conducted a tendering procedure for the instant construction project (hereinafter “instant construction”), and the Ulsan Construction Co., Ltd. (hereinafter “Suld Construction”) participated in the tendering procedure and was awarded the instant construction project.

On December 12, 2012, the Plaintiff entered into a contract for a long-term continuing construction contract (hereinafter “instant contract”) with respect to the instant construction project by setting the total amount of 12.93 billion won with respect to the instant construction project from December 12, 2012 to December 15, 2013, by the period from December 12, 2012 to December 15, 2013.

On December 12, 2012, 12, 930,00,00 won on December 12, 2012 to December 15, 2013, 204: (a) the instant construction contract was concluded on December 12, 2013 to June 12, 2012; (b) the number of 13.4.6:6:3:4:6:4:6:6:6:4;6.13;6.4;4;6.4;4; 1.6;4; 1.5:4; 1.6:4; 206.4; 1.4; 206.4; 1.4; 206.4; 1.6; 1.4; 205; 1.4; 205; 1.6.4; 205; 1.4; 206,000,0000,000

Pursuant to Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry, “stock company” is omitted from the name of the subcontractors of Ulsan Construction in accordance with Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry.

paid directly to the Corporation.

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