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(영문) 부산지방법원 2020.10.21 2019나54177
부당이득금 반환 청구의 소
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Busan Metropolitan City Construction Headquarters ordered a construction work for E to D Co., Ltd., and D Co., Ltd subcontracted the instant construction work for reinforced concrete (hereinafter “instant construction”) to the Plaintiff on April 11, 2017.

B. Around April 24, 2017, the Plaintiff re-subcontracted the contract amount of KRW 1 billion with respect to the instant construction work from May 1, 2017 to the completion date of the instant construction work. As the F’s seal book, Defendant B was working as a tree number from June 2017 to Defendant C from July 12, 2017.

C. F around September 2017, the instant construction was suspended. D.

On January 8, 2018, the Plaintiff recommended the Defendants to enter into an agreement with the construction participant in the construction work. On January 8, 2018, the Plaintiff entered into an agreement with Defendant B on construction participant in the construction work (Evidence A 2-1) with the content that the Plaintiff would re-subcontract Defendant B with the contract amounting to KRW 574,00,000 and the construction period from the commencement date of the instant construction work to the completion date of the instant construction work. On January 9, 2018, the Plaintiff entered into an agreement with Defendant C on the construction participant in the construction work (Evidence A-2-2) with the content that the Plaintiff would re-subcontract Defendant C with the contract amounting to KRW 205,00,000 and the construction period from the commencement date to the completion date of the instant construction work (Evidence A-2-2).

(hereinafter referred to as "each of the sub-subcontracts of this case"). 【The ground for recognition / [the fact that there is no dispute, Gap's entries in Gap's 2 and 8 (including serial numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s summary of the assertion is as follows: (a) the wood mold construction work to Defendant B during the instant construction work; and (b) the steel processing assembly work to Defendant C, respectively.

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