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(영문) 서울중앙지방법원 2019.11.26 2017가단5057024
부당이득금
Text

1. Defendant C and D Co., Ltd. jointly and severally with the Plaintiff KRW 156,073,408,

(a) 100,010,000 among them;

Reasons

1. Basic facts

A. Contract 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

Defendant D Co., Ltd. (hereinafter “Defendant D”) on October 16, 2015

Busan Gangseo-gu Ebuilding (hereinafter referred to as “instant building”)

(2) From October 30, 2015 to December 30, 2016, Defendant D awarded a contract with the construction period of KRW 6,090,000 as well as the contract amount of KRW 6,00,00. (2) On November 27, 2015, Defendant D awarded a contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) for construction of new buildings of this case with the construction cost of KRW 1,111,00,00 (including value-added tax; hereinafter the same shall apply).

Since then, Defendant D and C have increased the construction cost to KRW 1,138,280,00.

B. The Plaintiff and Defendant C and D’s agreement on the temporary re-lease agreement and the payment confirmation agreement 1) The Plaintiff concluded with Defendant C around February 2016 with a general H-BEM 60 tons (hereinafter “instant general material”).

(2) From February 13, 2016 to June 22, 2016, the rental period was determined as KRW 112,00 per ton of the rent (hereinafter “instant general material lease agreement”) and leased at KRW 112,00 per ton of the rent (hereinafter “instant general material lease agreement”).

2) On February 22, 2016, prefabricated H-BEM 640.862 tons (hereinafter “instant assembly materials”) such as prefabricated-type belts and prefabricated-type butter teams

(2) From February 22, 2016 to July 21, 2016, the lease term is set at KRW 140,000 per ton of the rent (hereinafter “instant assembly material lease agreement”).

2) As to the instant general material and the instant assembly material, “the instant temporary material” was added to the instant general material and the instant assembly material, and the instant general material lease agreement and the instant assembly material lease agreement are collectively referred to as “each of the instant lease agreements.”

(2) The main contents of the instant general material lease agreement are as follows.

Section 1. Lease Goods and Period of Time. 2 The term of the contract - the date of initial entry of the above quantity of the contract shall be the initial date.

- The term of the contract shall be 120 days from the date of the initial entry of the above contract quantity.

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