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(영문) 대구지방법원 2018.01.18 2016가단118377
자재인도 및 부당이득금 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2010, Defendant E and F Co., Ltd. (hereinafter “Defendant E, etc.”) entered into a contract with G (hereinafter “G”) under which Defendant E, etc. entered into a subcontract (hereinafter “instant subcontract”) with the construction period fixed from November 15, 201 to October 31, 201 as the I military unit reinforced concrete construction works located in H at the prime State of G (hereinafter “instant construction”).

B. On November 28, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with G to lease temporary materials necessary for the instant construction as a contract bond of KRW 30,000,000, and rent [basic rate x the number of days used x the number of days used]. From December 3, 2010 to April 9, 201, the Plaintiff supplied the temporary materials for construction as indicated “amount of Plaintiff supply” in the attached list of the construction site at the instant construction site (hereinafter “the instant temporary materials”).

The daily unit price for each construction material stipulated in the instant lease agreement shall be indicated in the “daily unit price” column in the attached Table.

C. On April 9, 2011, G received temporary materials for construction from Defendant B (hereinafter “Defendant B”), Defendant D (hereinafter “Defendant D”), and Defendant C Co., Ltd. (hereinafter “Defendant C, etc.”) and three or more companies (hereinafter “Defendant C, etc.”) and carried out the instant construction, and completed the instant construction at the construction site after suspending construction work for the first time in July 201.

Accordingly, on July 30, 201, Defendant E, etc. settled the cryption between G and G, and terminated the instant subcontract agreement.

Defendant E, etc. supplied temporary materials, such as additional basin pumps, from Defendant B, etc., and performed construction of the remaining parts of the instant construction, and completed construction works as early December 201.

E. On the other hand, on May 10, 201, G In-house Director J sold to Defendant B of the instant temporary materials in KRW 90,000,00 for the purchase price of KRW 5,262, pipes (6m) and pipes (6m) 3,742.

Defendant B’s above.

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