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(영문) 대전지방법원홍성지원 2017.08.17 2016가합1219
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 17, 2015, the non-permanent farming association corporation and the Defendant’s construction contract 1) concluded with the Defendant on November 17, 2015, and the Defendant’s solar installation of 2,000 kilograms in the 2,000-W-based solar installation at the Seosan-si Empia in Seosan-si. (hereinafter “instant solar energy installation”).

(1) The construction contract for the installation of solar-powered equipment (including value-added tax) to pay KRW 3.3 billion in return for the installation of such equipment (hereinafter “the first construction contract”).

(2) The construction contract prepared on November 17, 2015 by a single-non-agricultural partnership and the Defendant included a special agreement that “the trustee (the Defendant) may modify or succeed to an entrustment contract that meets the terms and conditions of the loan of a financial institution with the consent of the truster (a single-non-agricultural partnership).”

B. Change of the parties to a contract and conclusion of a new construction contract 1) The defendant has obtained consent from a single-non-agricultural partnership in accordance with a special agreement and thereby is B Co., Ltd. (hereinafter “B”).

In order to facilitate loan to a financial institution, the non-agricultural partnership changed the contract to the Plaintiff, a stock company. 2) Accordingly, on June 17, 2016, the Plaintiff entered into a construction contract for solar facilities (including value-added tax) with B to pay KRW 3.870,90,000 (hereinafter referred to as “the second construction contract”) in return for installing solar facilities in the instant case, and the completion date of the construction contract was determined on September 30, 2016.

(Plaintiff is merely the nominal name holder, and the substantial party to the second construction contract is the Defendant, but the above assertion is not acceptable in light of the various circumstances as seen in paragraph (3) below.

After the implementation of the construction contract B, the construction of solar-powered facilities in this case was completed, and the Plaintiff paid the construction price in full with the money loaned from the Industrial Bank of Korea.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6 through 8.

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