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(영문) 수원지방법원 2018.04.27 2016가합77205

부당이득금

Text

1. The Defendants jointly share KRW 228,531,057 with respect to the Plaintiff and the period from May 21, 2016 to April 27, 2018.

Reasons

. confirm the commitment to arrange and return the material thereafter, if delayed. If you confirm that it will assume all civil and criminal responsibilities;

Confirmation: The representative director C (this part is written and the corporate seal is affixed to the next side).

C. On July 25, 2013, Defendant C again drafted to the Plaintiff a letter as follows:

In the field address of each letter: The name of H(B) in Chungcheongnam-si: C: contact point: The letters in the Ababa and PT (PT) No. I put into the site; it is difficult to confirm in the submitted document;

샷포드, 크립, 핀 품목을 2011년 8월경 투입하였으나 공사 지연 관계로 반환도 못하였고 임대료 및 약속 이행을 못할 시 자재는 먼저 반환함에 있어 아무런 이의를 제기치 않을 것이며 민ㆍ형사상의 책임도 물을 것이고 임대료에 대해서도 책임지겠습니다.

On July 25, 2013: C (a personal seal was affixed on the side of his own name)* When the commencement is not implemented by August 10, 2013, the following reduction may not be confirmed as a document submitted, and there is no particular impact on the case.

The Plaintiff filed a lawsuit against the Defendants to request the delivery of temporary materials and the judgment in favor of the Defendants became final and conclusive (Seoul District Court Decision 2014Da3176 decided April 30, 2015). Based on this judgment, the Plaintiff executed the lawsuit on May 20, 2016.

The items and quantities of the temporary materials not returned at the construction site of this case shall be as stated in the “total quantity of removal” column in the list of the temporary materials in attached Form 1, and the quantity delivered upon execution shall be as stated in the “the quantity of semi-payment” column.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3, 4, 6 (including each number), witness J's testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

A. There was no direct contractual relationship between the Plaintiff and the Defendants with respect to temporary materials based on the confirmation document and each letter.