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(영문) 부산지방법원 2014.10.01 2014가합42236
부당이득반환
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. (1) The Defendants, composed of a joint contractors (i) the contract for the prime cost and the subcontract, were awarded a contract for the reinforcement of the breakwater and the bank protection in the amount of KRW 5,000,54,00 from the Incheon Regional Maritime Port Office (hereinafter “instant prime contract”). The said contract was concluded in the manner of entering into each of the following separate contracts together with each of the contracts: 60% for the main cost of the construction of the Defendant, Youngjin Construction Co., Ltd., Ltd., 20%, Defendant Dongjin Development Co., Ltd., 20%, the representative contractor, and the representative contractor (hereinafter “instant prime contract”).

On February 26, 2013, the first construction period by the number of teas as of the date of each total contract (cost) contract, between March 18, 2013 and August 16, 2013, the first construction period by the number of teas, and the first construction period by the number of teas (hereinafter referred to as “the first contract”) was concluded between 18,000,000 to 5,000,540,000 on August 26, 2013, the second contract was concluded between 20,831,90,000 on May 22, 2013, 200 and 30,000,000 (hereinafter referred to as “Plaintiffs 20,000,000,000) and the Defendants (hereinafter referred to as “Plaintiffs 20,000,000,000) were the Defendants (hereinafter referred to as “Plaintiffs 20,20135,005”).

(hereinafter “instant delivery contract”). B.

(1) From October 4, 2013 to demand the Plaintiff to purchase materials and human resources due to the delay in construction several times, the Fair Trade Commission measures and the total schedule of the remaining construction works on November 19, 2013 and notified the Plaintiff to immediately commence construction works until November 25, 2013. On January 14, 2014, the instant subcontract for construction works was made.

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