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(영문) 광주고등법원 2019.06.19 2018나25334
부당이득금
Text

1. Of the judgment of the court of first instance, Defendant C, D, and stock company equivalent to the amount ordered to be paid under the following paragraphs 2.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established on June 29, 2015 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement a new construction project of H apartment (hereinafter “instant apartment”) with the project implementation district of 8,140 square meters of a day of Seo-gu, Seo-gu, Gwangju, and 56 lots outside the Seoul-gu

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company selling hardwares and tools for wholesale. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company conducting building management and cleaning services, etc., Defendant D is a person who engages in interior fishery, and Defendant F Co., Ltd. (hereinafter “Defendant F”) is the Plaintiff’s agent.

C. In order to pre-sale the instant apartment, the Plaintiff changed the inside of the Housing Promotion Center located in Seo-gu, Seo-gu, Seoul, a construction company of the instant apartment (hereinafter “J”) to use the inside of the Housing Promotion Center as the Housing Promotion Center (hereinafter “instant Promotion Center”) after changing the inside of the Housing Promotion Center, which was used by J Co., Ltd. (hereinafter “J”) in accordance with the design drawings of the instant apartment.

On March 3, 2015, the Codefendant E Co., Ltd. in the first instance trial (hereinafter referred to as “E”) entered into a contract for the instant public relations center with the Plaintiff and J and the contractor for the completion of the instant public relations center with the content of “the Plaintiff and the contractor: E and the contractor: the date of completion of the instant public relations center construction: April 3, 2015; the contract amount: KRW 178,000,000 (the J and the Plaintiff paid 50%) and completed the instant public relations center construction on April 3, 2015.

E. From April 3, 2015, the Plaintiff opened the instant public relations center for four days from April 3, 2015 to April 6, 2015.

F. On April 10, 2015, Defendant F entered into the instant agency contract with the Plaintiff (hereinafter “instant agency contract”) and, in relation to the instant new apartment construction project, Defendant F agreed to carry out various tasks such as the establishment and operation of the Housing Promotion Center, construction supervision, and supervision of construction works, and payment of the price for the Plaintiff.

G. Defendant F is related to Defendant B, C, D, and C with respect to the instant Public Relations Center construction.

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