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(영문) 서울서부지방법원 2015.08.27 2014가합30582
부당이득금반환 등
Text

1. As to the Plaintiff, Defendant B’s KRW 266,023,435 and KRW 156,312,215 among them, Defendant B’s KRW 266,023,435 and KRW 156,312,220 from September 26, 2013.

Reasons

1. Basic facts

A. On December 24, 2012, the Daelim Industry Co., Ltd. (hereinafter “Molim Industry”) awarded a contract with the Seoul Metropolitan Government Urban Infrastructure Headquarters for the extension and modernization project in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant prime contract”). On December 24, 2012, the Plaintiff subcontracted the construction of soil and structures (hereinafter “instant subcontracted”) among the said prime contract to the Plaintiff at KRW 12,894,200,000 (including value-added tax) of the construction cost.

B. On January 5, 2013, the Plaintiff re-subcontracted, to Defendant B of the instant subcontract construction (hereinafter “instant re-subcontracting construction”) some of the household facilities construction (hereinafter “the instant re-subcontracting construction”) such as installation of wood or steel reinforced concrete materials, steel steel materials, etc. on the ground in order to support both excavation and excavation, WAL construction (a household facility construction with earth barriers installed to prevent earth from collapse when excavating excavation), and TRUT construction (a household facility construction with earth barriers installed to support the prevention of collapse of earth walls), etc. on construction cost 1,126,250,000 won (hereinafter “the instant re-subcontracting construction”). The major contents of the said re-subcontracts are as follows: (i) the re-subcontracting construction cost (hereinafter “the instant re-subcontracting construction”).

The name of G Company B: The total amount of F facility construction: F: the amount equivalent to the unit quantity per item of the item unit of KRW 1,126,250,000,000; the cost of the construction of the facility.

1. Conditions of estimate 1,883 15,00,245,00 PHET-PLE M 7,883 118,245,000 Pulan M 71923,000 Pulan M 719 23,537,000 M 716,266,000 3,266,000 Ma 18156,000,136,000 for M 181,00 M 181,126,250,000

1. V.A.T Separates

2. Extraordinary estimate;

3. Separate treatment of civil petitions;

4. Settlement after calculating quantities;

5. (Conditions for Omission of Settlement)

1. Settlement of performance records (connection between W/J, he/sheet);

2. Supply of equipment: Special Conditions on January 5, 2013 ( “A”: A Co., Ltd. and “B”: G Company B)

1. “B” is a party.

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