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(영문) 수원지방법원여주지원 2019.05.15 2018가단55376
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff asserted that the construction project ordered by the Korea Land and Housing Corporation (hereinafter “the instant construction project”) together with the I Co., Ltd. (hereinafter “I”).

I, the representative company of the instant construction, provided labor to the Plaintiff regarding the part of the Plaintiff’s construction during the instant construction. Accordingly, the Plaintiff paid each money stated in the purport of the claim to the Defendants as labor cost.

However, the defendants are paid labor costs by deceiving the plaintiff as they did not provide actual labor, even though they did not provide labor.

The Defendants are obligated to pay to the Plaintiff each money stated in the claims and damages for delay due to the return of unjust enrichment.

2. According to the evidence Nos. 1 to 5 (including the paper number), the Plaintiff and I undertake the instant construction. The Plaintiff agreed to pay to I an amount calculated by deducting the labor cost, etc. directly paid by the Plaintiff from 69% of the completion payment, which was paid by the Korea Land and Housing Corporation. The Defendants provided labor to the instant construction, and the Plaintiff paid to I an amount calculated by deducting the Defendants’ labor cost from the Defendants’ labor cost.

According to the above facts of recognition, it is reasonable to deem that the Plaintiff paid labor costs to the Defendants according to the agreement with I. However, it is insufficient to recognize that the Plaintiff paid labor costs to the Defendants without any legal ground, and there is no other evidence to acknowledge it.

3. In conclusion, each claim against the Defendants against the Plaintiff is dismissed as it is without merit. It is so decided as per Disposition.

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