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(영문) 광주지방법원 2016.07.07 2015가단23197

부당이득금반환

Text

1. Defendant C and D shall jointly and severally serve as KRW 70,180,000 on the Plaintiff and as a result, from March 23, 2013 to June 8, 2015.

Reasons

1. Comprehensively taking account of the purport of Defendant C and D’s claims and the entire arguments, Defendant C is the representative director of E Co., Ltd. established for the purpose of providing machinery and equipment construction services (hereinafter “E”), Defendant D works as regular business members of the above company and takes charge of machinery and equipment services. E subcontracted the part of the machinery and equipment construction work among F new construction works from E Co., Ltd. (hereinafter “E”) around June 2012. During the above construction, Defendant C and D subcontracted the manufacture and installation of industrial pumps, expansion tanks, etc. to the Plaintiff on several occasions by requesting the Plaintiff to change the design and installation quantity of the industrial pumps, etc. among the above construction works, and Defendant C and D received the price for supply from the Plaintiff on January 16, 2013. The above Defendants did not directly receive the price for construction work from E Co., Ltd. (hereinafter “this case’s contract”). However, the Defendants did not receive the price for construction work from E Co., Ltd., the Plaintiff, which was the actual supplier of the goods at the time of 20% price for the supply.