부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 5, 2014, the gist of the Plaintiff’s assertion: (a) filed a lawsuit against Defendant C Co., Ltd. (hereinafter “Defendant C”) seeking payment for landscaping trees (hereinafter “instant construction”); and (b) received a judgment in favor of the Plaintiff that Defendant C would pay KRW 150,400,00 and delay damages therefor; (c) the appellate court (Seoul High Court 2016Na1372) rendered a final judgment dismissing the Plaintiff’s claim on the ground that “Defendant C was supplied by Defendant C, rather than a landscape trees related to the instant construction, from Defendant B,” and the Plaintiff filed a final appeal but was dismissed.
However, Defendant C and Defendant C, without a license, concluded a contract for the sale of trees, including the purchase price of KRW 250,000,000, and KRW 100,400,000 on December 3, 2012, which included the following: “The content of this Agreement shall be kept confidential to the outside, and shall be fully responsible for money and material in connection with all matters arising from the divulgence of the content of this Agreement,” notwithstanding the fact that they concluded the contract for the sale of trees, including the purchase price of KRW 250,00,000, and KRW 250,000,000,000 from the Plaintiff, shall not be paid for each of the landscaping trees supplied on December 31, 2012, and supplied KRW 350,40,000,000 as KRW 250,50,000,000 as the purchase price of trees, and shall not pay KRW 250,000,00.
As above, Defendant C, in collusion with Defendant B, who did not obtain a license for landscaping planting project, concluded a landscape planting project agreement with the Plaintiff, and did not notify the Plaintiff of the content of the agreement, and had the Plaintiff enter into a contract for the sale of trees and received landscape trees from the Plaintiff. The Plaintiff did not submit the contract with Defendant C, thereby winning in the claim for the sale of trees.