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(영문) 수원지방법원 2020.05.20 2018가합27013

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a corporation established for the purpose of civil engineering works, aggregate, soil transportation, and soil transportation. Defendant C Co., Ltd (hereinafter “Defendant C”) is a corporation that produces artificial fishing banks.

Plaintiff

B is a person who is engaged in the blasting work by receiving a subcontract by Plaintiff A, and Defendant D is the spouse E of the representative director on the register of Defendant C.

On May 9, 2017, Defendant C and Plaintiff A entered into a contract with the following terms: (a) Plaintiff C and Plaintiff C, as a result of the reduction of mountain dust on the instant land owned by the said Defendant and the extraction of earth and sand and tobacco cancer; (b) Defendant C and Plaintiff A, after completing the extraction, arrange the site so that the said Defendant may build a factory on the instant land (hereinafter the “instant construction”); and (c) Defendant C and Plaintiff A agreed to pay KRW 250,000,000 to Defendant C after the completion of construction in return for the recovery of tobacco cancer (hereinafter “instant primary contract”).

The main contents related to this case among the primary contracts of this case are as follows.

Article 1 of the Agreement on Collection of Earth and Civil Works (Indication of Real Estate)

1. Location of real estate: In the case of Jinjin-si, and two parcels;

2. Estimated volume of earth and sand in a project site: 70,000 cubic meters;

3. Estimated annual cancer of a project site: 150,000 cubic meters;

4. Business purposes: Article 2 (Terms and Conditions of Contracts) of the Collection of Earth and sand or tobacco on the main site.

2. “B” (Plaintiff A, hereinafter the same shall apply) shall enter into a business agreement on this case with “A” (Defendant C; hereinafter the same shall apply) and pay 250 million won after the completion of the work.

4. “A” and “B” shall be jointly responsible and resolved when a civil petition arises.

5. The period of construction shall be four months from the date of the contract (which shall be changed to May 30, 2018).

Provided, That the extension of the construction period may be adjusted by mutual consultation.

Article 4 (Duties of “B”) The term “B” shall be arranged to newly construct a site after the completion of soil and sand gathering.