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(영문) 전주지방법원 2014.01.21 2013가단26946
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 30, 2010, Defendant Samsung C&T Co., Ltd., Samsung C&Tland Co., Ltd., Marine Oil Integrated Construction Co., Ltd., and International Industrial Co., Ltd. (hereinafter the Defendant et al.) concluded a design service agreement with the Korea Rural Development Administration for the design of the instant construction project, which sets the total design cost of KRW 8.14 billion with respect to the design of the instant construction project, as the design cost of KRW 8.14 billion, among the instant construction works.

B. On August 12, 2011, Korea-Japan Co., Ltd. (hereinafter “Korea-Japan”) entered into a technical service contract with 158,000,000 won with respect to the preparation of machinery and fire-fighting equipment implementation books among the above design services.

C. Of the above design services, the Plaintiff prepared a design drawing for the parts of freezing and freezing equipment (hereinafter the Plaintiff’s design drawing) and supplied it to Hanil C, and Hanil C supplied the design drawing for the Plaintiff’s preparation and design drawing for the Plaintiff’s design, and the Defendant, etc. paid the design service cost and supplied the design drawing for the instant construction work, and performed the instant construction work by using it.

[Evidence] Each description of Eul evidence Nos. 1 to 3 (including paper numbers), witness A's testimony, the whole purport of oral argument

2. The assertion and judgment

A. On May 2010, the Defendant asserted that the Plaintiff requested the Plaintiff to provide the design service of the freezing and freezing facilities on the condition that the construction of the freezing and freezing facilities part of the instant construction works should be subcontracted to the Plaintiff.

Accordingly, the Plaintiff performed the above design service from May 2010 to March 2013, and supplied the completed design drawings to Korea-M in accordance with the Defendant’s direction.

However, the plaintiff is above.

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