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(영문) 광주지방법원순천지원 2015.02.12 2014가합490
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 31,380,218 to the Plaintiff (Counterclaim Defendant) and its related amount from August 19, 2014 to February 12, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. On December 28, 201, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) received a total construction amount of KRW 1,012,574,890 from Young-gun (including value added tax) from the Young-gun, and entered into a contract for each construction project with the Young-gun by dividing the two-lanes into four-lanes as of December 17, 2014, and the details of the contract for the first and second construction works are as follows.

(hereinafter referred to as “instant construction project”, “the instant primary construction project”, “the instant primary construction project”, and “the instant secondary construction project”). The amount of the cost of the contract (the cost) construction, excluding value-added tax, out of the cost of the supply (the cost) construction.

The construction contract of this case is extended from March 6, 2012 to May 18, 2014 after March 6, 2013, 201, following the first scheduled completion date of construction works on December 28, 201, by December 64, 201, 678, 00 58, 798, 798, 182, 6. 452,315,000 41, 195, 454, 454, 201 (Grounds: The ground is the collapse accident, and the construction contract of this case is extended from January 21, 2013 to February 18, 2013).

B. On March 23, 2012, the Plaintiff entered into a subcontract construction contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) to reduce the construction amount to KRW 50,102,728 (excluding value-added tax) and KRW 49,677,272 (excluding value-added tax) on May 1, 2012 with respect to “tin construction” among the instant primary construction works, and entered into a subcontract construction contract to reduce the construction amount to KRW 49,67,272 (excluding value-added tax).

(hereinafter referred to as “the instant primary subcontract”). C.

On March 27, 2012, Nonparty C (the Plaintiff’s on-site agent of the instant construction site) (the Plaintiff is also the Plaintiff’s on-site agent of the instant construction site), who is the Defendant’s director, sent to the Plaintiff a subcontract budget with the supply value of KRW 640 million, excluding the value-added tax.

Around that time, a subcontract contract between the Plaintiff and C for the construction work in the name of the Defendant that the Plaintiff would receive the instant construction work that the Plaintiff received from Young-gun as a lump sum subcontract, with the total construction cost of KRW 640,000,000 (excluding value-added tax).

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