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(영문) 춘천지방법원 2016.08.09 2014가단34204
구상금
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, Defendant D, KRW 9,680,00,000, respectively, and Defendant E, KRW 4,840,00.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s related Plaintiff are the field manager of H Corporation (hereinafter “H Corporation”) that was implemented by the head of the business division of the G Association (hereinafter “instant association”). The Defendants are those who engaged in construction machinery rental business at the construction site of this case and filed a false claim for the rent for equipment during the period of not performing the actual work. The Defendants are those who received false equipment rent from the instant association.

B. The Defendants’ tort (1) committed an unlawful act against the Plaintiff, leading to the Defendant’s Intervenor joining the Defendant (hereinafter “ Intervenor”) who was actually awarded a contract for the instant case and was working on the site of the instant case.

(2) However, the Defendants filed a claim for false equipment rent with the Intervenor, as in the table Nos. 1 through 4, for the period during which the Defendants did not work, as indicated in the separate sheet No. 4, as seen in this case’s construction site. The Plaintiff claimed construction payment from the instant association upon the Intervenor’s request, and the Defendants received equipment rent from the instant association.

(3) In order for the instant construction site to be located in the private line and going to work at the construction site of this case, all the time and time from the list of the visitors to the private line managed by the military unit have to be entered. The instant association confirmed that the actual time and time of entry of the Defendants do not coincide with the time and time of requesting the rent for equipment while verifying the instant construction project.

(4) The detailed details of the equipment rent that the Defendants unduly received from the instant partnership upon the Plaintiff’s claim by falsity are as follows: (a) the amount of money wrongfully received from Defendant B: 6,187,500 won; (b) Defendant C: 7,920,000 won; (c) Defendant D: 12,100,000 won; (d) Defendant E: 6,050,000 won; and (e) KRW 32,257,500 in total.

C. The plaintiff's repayment of this case.

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