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(영문) 수원지방법원 2018.12.07 2018가합12127
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Case background

A. The Defendant is a company that owns and operates a D golf course located in the wife population C (hereinafter “instant golf course”) and a condominium, etc., and the E Co., Ltd. (hereinafter “E”) is a company incorporated on July 29, 2014 in order to jointly carry out the business of introducing and operating the electric golf course in the instant golf course (hereinafter “instant business”).

B. On September 4, 2014, the Defendant and E entered into a joint project agreement for the instant project. The main content is ① (a) to attract and manage investment KRW 10 billion; and (b) to select the city construction of the cart facilities; and to take charge of all the affairs related to the operation of the cart and the operation of the cart after the commencement of the business; (b) to provide the instant golf course as a place of business; and (c) to perform the pertinent design and authorization business; and to distribute sales from the pertinent business for ten years after the commencement of the cart business to E.

C. On April 28, 2015, the Plaintiff was awarded a contract for the construction of a new building in a carhouse and parking lot by E.

(hereinafter the above building is referred to as the “instant building,” and the above construction is referred to as “instant construction”).

On the other hand, upon filing an application for rehabilitation on February 1, 2016, the Defendant was decided to commence rehabilitation proceedings with the Suwon District Court 2016 Gohap1003 on March 7, 2016.

On June 14, 2017, the rehabilitation plan approval was issued on June 14, 2017 without reporting the Plaintiff’s claim against the Defendant or stating the rehabilitation plan, and the rehabilitation procedure was completed on July 21, 2017.

(A) The rehabilitation procedure of this case (hereinafter referred to as the " rehabilitation procedure of this case"). 【No dispute exists, Gap 1 through 5 evidence, Eul 1 and 8 evidence, the purport of the whole pleadings.

2. The plaintiff's assertion

A. Basic facts E, alleged by the Plaintiff, and the Defendant decided to construct the instant building as the steel-frame structure, and expected the construction cost to be KRW 550 million, and determined the investment amount in the instant project as KRW 10 billion.

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