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(영문) 서울중앙지방법원 2014.04.10 2013가합79769

부당이득금 반환

Text

1. The Defendant’s KRW 135,130,078 to the Plaintiff, and KRW 5% per annum from November 14, 2013 to April 10, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a specialized constructor, and the Plaintiff used the Defendant’s regular business name, but in fact, the Defendant was awarded a subcontract for the contracted construction work from the Defendant.

B. On November 9, 2002, the Plaintiff completed the registration of the establishment of a collateral security for the second floor C building 304 of Bupyeong-gu Incheon District Court No. 163101, which is owned by the Defendant, with respect to the second floor C building 304 of the third floor, Bupyeong-gu Incheon District Court No. 163101, North Korea District Court’s receipt of the registration office, the Plaintiff completed the registration of the establishment of a collateral security for the Defendant.

C. D, a creditor of the Plaintiff, applied for a compulsory auction on the instant real estate, and rendered a decision to commence compulsory auction to Incheon District Court E on September 16, 2010.

The instant real estate was sold on May 25, 201, and a distribution schedule was prepared on June 24, 201, which received dividends of KRW 50,000,000 from the Defendant on the date of distribution, and around that time, the said distribution schedule became final and conclusive.

The plaintiff carried out a construction work at the Busan F field, which was contracted by the defendant from the Construction of the Plater in around 2008.

On November 6, 2008, at the construction site, G employees of the defendant had an external vision and fall (hereinafter referred to as the "accident in this case") while the external vision was finished.

In relation to the above accident on May 26, 2009, the Plaintiff prepared a written agreement to the effect that the Defendant will bear KRW 15,000,000 from November 2008 to May 30, 2009, medical expenses of KRW 19,629,596 and the agreed amount of KRW 43,00,000,000, and KRW 77,629,586. The Plaintiff delivered it to G.

The plaintiff entered (State B Standing A) in the column of the parties to the agreement, entered his/her resident number and address, and affixed his/her seal.

E. On September 2009, the Defendant received a contract with the Defendant for the Choyang-si Construction of 3 tools of Section 1 (hereinafter “instant construction”) among H apartment construction works in Yangyang-si, Nam-si, Namyang-si. The Plaintiff is between the Defendant and the Defendant around that time.