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(영문) 광주고등법원 2015.12.04 2015나10485
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. On June 7, 2013, Young-gun Co., Ltd. (the trade name prior to the registration of change on June 7, 2013 was contracted to the Defendant for C Construction, which was executed in Young-gun, Young-gun. On April 25, 2013, the Defendant subcontracted the construction of reinforced concrete (hereinafter “instant construction”) during the said construction to the prime contractor construction (hereinafter “original contractor construction”).

On April 15, 2013, the Plaintiff entered into a contract to lease temporary materials to be used at the construction site of this case from April 15, 2013 to the original contractor at the construction site of this case on the last day of April 15, 2013, and brought the temporary materials to the construction site of this case.

On May 2013, the original construction submitted to the defendant a letter of waiver of the instant construction contract and the execution.

On May 2013, the Defendant entered into a contract for the instant construction work with a limited liability company (the trade name before the registration of change on May 20, 2013) at KRW 808,232,00 (including value-added tax) and entered into a written agreement on the direct payment of the said subcontract price by Young-gun, the ordering person, to the Dosan Construction Co., Ltd. (hereinafter “Dosan Construction”).

On June 15, 2013, the Plaintiff entered into a contract to lease temporary materials to Subdivision (hereinafter “instant lease agreement”) and decided to succeed to the rent for temporary materials already delivered to the Plaintiff at the construction site of this case.

Since then, at the request of Subdivision, the Plaintiff has delivered additional temporary materials, and at the present construction site of this case, the temporary materials such as the name and quantity column in the attached table (hereinafter referred to as “the temporary materials of this case”) have been installed, and the rent and total rent for each temporary material are as shown in the corresponding column of the above table.

On August 20, 2013, the Plaintiff filed a claim for payment of KRW 44,62,260 of the material usage fee until August 31, 2013, along with the detailed statement attached to the attached sheet.

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