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(영문) 광주지방법원순천지원 2014.08.14 2013가합387
보증금 및 부당이득금 반환, 공사대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant D (AF) was changed from November 11, 201 to D limited liability companies.

Defendant D’s “Defendant D”

The purpose of the construction business is to construct a water supply and sewerage system, etc., which is a non-party corporation corporation, the contractor of the construction business of a water supply and water supply industry complex, which is a contractor of the construction business of the water supply and water supply industry complex (the construction was merged with the construction business of the

From June 2008, the “G District Corporation” among the above-mentioned Construction Works (hereinafter “G District Corporation”).

(2) Defendant E is the subcontractor who has been subcontracted, and Defendant E is the representative director of Defendant D. (2) The Plaintiff is the sub-contractor who has been sub-subcontracted from Defendant D with earth and sand (including house and government office building removal and dismantling work), drainage work, bridge work, structure work, water supply work, and appurtenant work (hereinafter “instant construction work”), and the Plaintiff C is the Plaintiff’s partner.

B. Plaintiff A and Defendant D’s construction contract 1) Defendant D are Nonparty H Co., Ltd. (hereinafter “H”).

(2) On August 18, 2010, H had re-subcontracted the instant construction project and terminated it on or around August 2010. At that time, H had not been paid management expenses (employee pay, water supply fee, communications fee, etc.), labor cost and meals for on-site workers, oil supply, material cost (on October 18, 2010), and material cost (on-site boundary, mar classical steel and water supply supply pipes, etc.) with Defendant D on November 18, 2010, Plaintiff A paid KRW 62,650,00 (on-site management expenses, 235,704,207, unpaid labor cost, food cost, and glass cost, etc.) to Defendant D’s debt and KRW 155,690,702,000 as of September 9, 2010, Defendant D would be entitled to receive the subsequent reimbursement from Defendant D and KRW 7370,7370,700,000.

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