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(영문) 인천지방법원 2019.11.07 2018가단245442

부당이득금

Text

1. The Defendants jointly share KRW 126,925,974 to the Plaintiff and Defendant B Co., Ltd. from October 20, 2018.

Reasons

1. Basic facts

A. On October 10, 2013, the Plaintiff entered into the instant contract with D (Representative E; hereinafter “D”) a contract for the new construction of a factory on the land of the Incheon Nam-gu Incheon Metropolitan Government (hereinafter “instant construction”). However, on the same day, each written contract stating the contract price of KRW 612,00,000 (excluding value-added tax) and the contract price of KRW 892,50,000 (excluding value-added tax) was written (Article 1-2); and in the column for the special agreement of the former contract, each written contract stating that “The contract shall be the top priority and the bank submission contract shall not be mutually acceptable.”

B. Succession 1 of the instant contract) The Plaintiff and Defendant B Co., Ltd. (the wife of the representative director C (E) and hereinafter “Defendant Co., Ltd.”).

[2] Around December 2013, Defendant Company agreed to succeed to the status of D as it is, and a contract for construction works, the same content as that of the said contract between the Plaintiff and D (hereinafter “instant contract”).

(1) The contract of this case was concluded again, and the contract amount of which shall be KRW 612,00,000 (excluding value-added tax) (hereinafter referred to as “first contract”).

(1) A contract agreement between the Corporation and the Corporation (hereinafter referred to as “B Agreement”) with the amount of the construction cost of KRW 892,50,000 (excluding value-added tax)

) The same document was drawn up equally (as the top priority of this contract and as the bank submission contract is not mutually acceptable in the column of No. 2, No. 1, 2, and 1.).

Construction Name: G

4. Date of commencement: November 10, 2013.

5. Date scheduled for completion: February 10, 2014 (Provided, That the period shall be three months after the completion of removal of the existing building).

6. Total contract amount: 10,000,000 won per day ( 673,200,000 gran, g. g. g. g. g. g. g. g. g. g. g. g. g. - KRW 612,00,000 per day g. g. g. g. g. g. g. g. g. g. g.

7. Terms and conditions for the payment of the construction cost - Contract Deposit: 50 million won per day (e.g. 50,000,000) - the first installment of a bank: daily deposit.