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(영문) 대전지방법원 2016.01.13 2014가단230839
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The construction of the instant apartment (hereinafter referred to as “instant apartment”) was awarded a contract for the construction of the instant apartment (hereinafter referred to as “the instant apartment”) to the construction company for the Han-dong, Busan. The construction of the said apartment was subcontracted to the Plaintiff on December 28, 2012.

B. On January 9, 2014, the instant new apartment construction company was suspended due to the order to commence rehabilitation procedures against a joint-use construction company on January 9, 2014. On April 29, 2014, the instant agreement on the resumption of construction was formulated between the Plaintiff and the Stopho Construction Co., Ltd., and the Plaintiff as follows:

C. The agreement on the resumption of construction provides that ① the amount of the Plaintiff’s credit sales claim security loan (B2B) is KRW 324,930,150, ② the amount of 58% of the B2B amount shall be paid to the Plaintiff within 30 days after the completion of construction; ③ the delayed compensation for the occupants, namely, the amount of 100% of the amount of the delayed compensation for the occupants, which could have been borne by the subcontractor, may be paid to the Defendant, the representative company of the bond group organized by the subcontractor, and ④ the amount of 60% of the amount of the delayed compensation for the occupants shall be paid as incentives to the Defendant when completed between May 31, 2014 and June 30, 2014.

He paid a total of KRW 907,298,954 to the Defendant as incentives to the claim group.

On the other hand, on June 16, 2014, the credit group held a meeting on June 16, 2014 and paid 70% of the 22B amount for each subcontractor company to the subcontractor that constituted the claim group, and the plaintiff decided to remove it from the credit group.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 through 3, fact-finding results on the plaintiff corporation of this court, the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim shall resume the tin construction after the formulation of the construction resumption agreement, and shall be completed on or around May 27, 2014 with the completion of the new construction of the instant apartment.

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