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(영문) 부산지방법원 2018.07.12 2017가단321339
부당이득금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay 64,131,000 won and the interest thereon from July 21, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

(1) The Plaintiff awarded a contract to Defendant A (hereinafter “Defendant A”) for the Criver Maintenance Work (hereinafter “instant Construction Work”) located in Busan, which the Plaintiff orders, and the Plaintiff and Defendant A concluded the said Construction Work by dividing it into four parts of the construction contract as follows:

(2) Each contract for the first construction period of the construction contract was amended to KRW 1,930,610,00 on December 30, 2011 to KRW 401,780,00 on September 1, 2011, to KRW 200 on April 1, 2014, to KRW 13,640,00 on January 31, 2015; KRW 205,00 on June 13, 2015; and KRW 30,05,00 on June 13, 2015; and KRW 20,000 on June 1, 201 to KRW 20,00 on November 30, 2015; and KRW 30,00 on May 36, 2015 to KRW 30,50 on June 30, 2015; and KRW 130,306,3636,2015.

Secondly, on September 5, 201, Defendant A issued a subcontract with Defendant B Co., Ltd. (hereinafter “Defendant B”) regarding the landscaping planting project (hereinafter “instant landscaping project”) during the instant construction project as the subcontract price for KRW 1,366,024,00, and the construction period from September 6, 201 to December 31, 2012.

x. On September 30, 201, the Plaintiff, Defendant A, and Defendant B agreed to pay the subcontract price of the instant landscaping project to Defendant B in direct payment to Defendant B. At the time, the Plaintiff, Defendant A, and Defendant B agreed to pay the subcontract price of the instant landscaping project to the Plaintiff. At the time, the Plaintiff, Defendant A, and Defendant B decided to pay the contract price and the subcontract price of the instant construction project to the Plaintiff: Busan Bank D and subcontractor: Busan Bank E.

(v) When Defendant A claims for the progress payment of the instant construction from March 201, the Plaintiff would be the Busan Bank D, a deposit account designated by Defendant A.

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