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(영문) 수원지방법원 2016.11.24 2016가단508238

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Claim of this case

A. The Plaintiff and the Defendant concluded the following partnership agreement around March 2012.

The construction site that has been engaged in the same business: The payment of the construction cost for the six construction sites by the vindication Construction Co., Ltd. (hereinafter referred to as the “Sast Construction”) shall be made in advance before receiving the payment of the construction cost from the vindication Construction Co., Ltd. (hereinafter referred to as the “Sast Construction”). The construction cost shall be borne by the Plaintiff.

The settlement of construction cost: If the plaintiff receives construction cost, the plaintiff shall receive the same amount as the prepaid construction cost, and the plaintiff and the defendant shall divide the prepaid construction cost by half.

B. The Plaintiff and the Defendant agreed to run the same business (the combination of them is referred to as “each of the instant works,” and when referring to each of the following works, the following shall be indicated as the name of the construction works:

C The settlement of quantities between December 28, 201 and May 30, 2012 is based on the construction volume, the construction period for the construction work as of the date of concluding the contract for the construction project, and C Lighting Corporation, the construction cost for the construction project on March 19, 201.

D The settlement of quantities between February 1, 2012 and October 30, 2012 is the construction volume. < Amended by Presidential Decree No. 23605, Feb. 1, 2012; Presidential Decree No. 23685, Oct. 30, 2012>

H The settlement of volume between April 5, 2012 and September 30, 2013 is based on the construction volume. < Amended by Presidential Decree No. 23790, Apr. 5, 2012; Presidential Decree No. 24420, Apr. 5, 2012>

F. F The settlement of volume between June 12, 2012 and November 30, 2012 is based on construction volume. < Amended by Presidential Decree No. 23790, Jun. 15, 2012; Presidential Decree No. 23790, Jun. 12, 2012; Presidential Decree No. 2

E The settlement of quantities between August 30, 2012 to October 21, 2012 is the construction volume. < Amended by Presidential Decree No. 23640, Aug. 30, 2012; Presidential Decree No. 23790, Oct. 21, 2012>

The amount settlement of quantities between October 22, 2012 and December 15, 2012 is the construction volume. < Amended by Presidential Decree No. 23790, Oct. 22, 2012; Presidential Decree No. 24290, Oct. 22, 2012>

C. The Plaintiff and the Defendant completed the foregoing C’s work and D’s work, and the Plaintiff received KRW 238,485,100,00 in total, as the construction cost of the C’s work from vindication Construction, KRW 52,445,560, and KRW 186,039,540, as the construction cost of D’s work.

The construction of vindication is above.