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(영문) 전주지방법원 2015.02.05 2014나1372
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 30, 2010, the Defendant Samsung C&T Co., Ltd., Samsung C&Tland Co., Ltd., Marine Oil Integrated Construction Co., Ltd, and International Industrial Co., Ltd. (hereinafter “Defendant et al.”) entered into a design service agreement with the Korea Rural Development Administration for the design of the instant construction as KRW 8,140,00,000, with respect to the design of the instant construction, jointly receiving a supply of the Section 2 Construction Works from the Rural Development Administration (hereinafter “instant construction”).

B. On August 12, 2011, Korea-Japan Co., Ltd. (hereinafter “Korea-Japan”) entered into a technical service agreement stipulating the contract amount of KRW 158,00,000 with respect to the preparation of machinery and fire-fighting equipment works among the said design services.

C. Of the above design services, the Plaintiff prepared a design drawing for the part of the freezing and freezing equipment (hereinafter “Plaintiff’s design drawing”) and supplied it to Korea. Japan supplied the Plaintiff’s design drawing and the design drawing prepared by it to Korea, and the Defendant, etc. paid the design service cost and supplied the instant construction work using the design drawing for the instant construction work.

[Reasons for Recognition] The facts without dispute, entry of Eul's evidence 1 to 3 (including additional numbers), testimony of witness A of the first instance court, the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) around May 2010, the Plaintiff agreed with the Defendant on the condition that the Plaintiff was awarded a contract for the construction of the freezing and refrigerating facility part during the instant construction, on the condition that the Plaintiff was awarded a contract for the construction of the freezing and refrigerating facility part during the instant construction. 2) Thereafter, the Plaintiff agreed on the design of the freezing and refrigerating facility part during the instant construction from May 201 to March 2013 as ordered by the Defendant.

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