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(영문) 수원지방법원 2016.04.28 2015나29470
부당이득금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or each entry in Gap evidence 1 and evidence 2-1, 2, 3, 4, 5, 9, and 10 may be acknowledged by integrating the whole purport of the pleadings.

1) The Defendant is a selling company of various construction materials, and is a gold-raising building company (hereinafter referred to as “gold-up building”).

2) The term “instant construction project” refers to the “instant construction project” from the Armed Forces Finance Management Board to the Incheon reinforced Military Corporation.

(B) is awarded a contract, and is a corporation B (hereinafter referred to as “B”).

2) As to the instant construction works, the Corporation is deemed to be the civil engineering works among the instant construction works (hereinafter referred to as the “instant civil engineering works”).

(2) The Defendant supplied various construction materials equivalent to KRW 24,470,070,070 from October 18, 2012 to November 13, 2012 according to the order of B.

3) After that, B ceased to perform the instant civil engineering works due to bad odor. On March 28, 2013, B adjusted the instant civil engineering works. At the time, B performed the instant civil engineering works among various construction materials supplied by the Defendant, the volume already used was equivalent to KRW 11,366,960, and the remainder of the construction materials was entered into the site of the instant civil engineering works. (iv) around March 2013, 2013, the National Armed Forces Finance Management Board terminated the contract for the instant construction works with the gold emb and the Seo-gu Co.,, Ltd. (hereinafter “C”) contracted the instant construction works to the Plaintiff on March 29, 2013, and Seo-young subcontracted the instant civil engineering works to the Plaintiff on April 5, 2013.

5. The Plaintiff, with the Defendant’s consent, used various construction materials posted at the site of the instant civil engineering works as the Plaintiff did not use those materials supplied by the Defendant. Since then, the Defendant would pay KRW 24,470,070, which was the full price of the construction materials supplied by the Plaintiff according to the original order of the Plaintiff.

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