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Reasons
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(영문) 서울중앙지방법원 2019.01.23 2017가합518316
부당이득반환 등 청구의 소
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1. The Defendant: 6% per annum from March 28, 2017 to January 23, 2019 to the Plaintiff and the next day.

Reasons

1. Facts of recognition;

A. On May 27, 2013, the Plaintiff changed from C Co., Ltd. (hereinafter “C”) to D on June 16, 2017, the Plaintiff is the “instant F Hotel Construction Corporation” (hereinafter “instant F Hotel”) located in the Jeju Island, and “the primary business” of the said business.

(2) Around November 2013, the construction amount of KRW 11,238,00,000, and the construction period from July 1, 2013 to December 31, 2014. After concluding a multiple-time revision contract, the Plaintiff finally changed the construction period from July 1, 2013 to May 31, 2015 (including value-added tax) to KRW 14,953,69,560 (including value-added tax). B. Around November 201, 203, the Plaintiff subcontracted the instant construction to the Defendant with the construction amount of KRW 3,540,00,000, the construction amount of KRW 3,540,000,000, and the construction amount of the construction amount of KRW 3,540,000,000, and finally concluding a multiple-time revision contract, including the construction period of KRW 15,531,205,79.

(b) Initial payments to all enterprises directly contracted with the Plaintiff, including the Defendant, shall be made in cash at the end of every one month, and the issue date of the tax invoice shall be the end of the month preceding the month in which Party A receives the flag, and the payment date shall be made by the end of the following month following the issuance of the tax invoice.

(c) This Article, under the responsibility of Section B, if the ordering entity fails to pay the construction cost due to a shortage of sales revenue.

(a) Paragraph (b) shall be paid;

A shall collect a written consent from a subcontractor under a contract with B and A, and directly deal with the subcontracting period from the ordering agency.

4. Article 3 of the Regulations on the Management of Construction Works and Subcontracts (Selection of Subcontractors and Conclusion of Contracts);

(a) A shall conclude, at the request of B, a contract for a subcontractor and a service company, such as all kinds of outsourcing/materials, etc. required at the site, and B shall act on behalf of B as an agent all necessary affairs, including all kinds of documents, etc. under the contract;

A shall undertake the contract at the request of B.

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