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(영문) 의정부지방법원 2017.01.11 2016가단109819
부당이득금
Text

1. Defendant A Co., Ltd.: (a) KRW 7,929,178 on Plaintiff (Counterclaim Defendant) and its related thereto from June 3, 2016 to January 11, 2017.

Reasons

1. Claim against Defendant A corporation

A. On December 11, 2014, the Plaintiff subcontracted a reinforced concrete construction work among the above construction works to Defendant A Co., Ltd. (hereinafter “Defendant A”).

At the time, the Plaintiff, who subcontracted to Defendant A, exceeded the assessed amount of Defendant A’s execution capacity with KRW 980,00,000 (in addition to value-added tax and value-added tax, the amount including value-added tax is KRW 1,078,00,000). As such, the Plaintiff and the Defendant prepared a contract for the entire construction cost of reinforced concrete (hereinafter “first contract”) (hereinafter “first contract”); the Plaintiff divided the said construction into two parts; the Plaintiff entered into a contract for the construction of reinforced concrete (hereinafter “instant construction”); and the Plaintiff entered into a lease contract for temporary timber with Defendant B, and drafted a separate contract (A2-12), respectively.

(2) On December 11, 2014, the Plaintiff entered into a standard subcontract for construction business with Defendant A and the instant construction work from December 17, 2014 to June 15, 2015, with the contract price of KRW 700,700,00 (including value-added tax).

[Ground of recognition] Each entry (including paper numbers; hereinafter the same shall apply), witness D, E's testimony, and the purport of the whole pleadings

B. (1) The cause of the claim (1) The Plaintiff’s construction work of the C Library (including value-added tax; hereinafter the same shall apply) on April 140, 2015;

5.14.82,500,000 won;

6.16.113,300,000

7.10.151,250,000

8. A total of KRW 653,367,00,000, including 165,517,000, was paid directly.

② On September 24, 2015, the Plaintiff received a written agreement from Defendant A on the waiver of direct payment of subcontract consideration, and paid 103,615,000 won directly to the person, etc. at the construction site, and paid 9,680,000 won on October 14 of the same year, and 27,32,560,000 won on November 27, 201, directly as the labor cost at the construction site.

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