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(영문) 수원지방법원 2018.10.17 2016가합76004
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

D is the children of Defendant B, E is the wife of Defendant B, and Defendant C is the fraud of Defendant B.

On August 14, 2013, the Plaintiff entered into a contract for the construction of three lots of land, including E, G, and H (hereinafter “instant land”) in the name of E and E in the name of the contractor, the contract.

The Plaintiff entered “after the permission: B, C, and B” at the bottom of the contractor’s entry at the same day, and affixed the seals of the Plaintiff and the Defendants.

(2) On December 23, 2013, the Defendants applied for approval of factory construction to establish a factory on the instant land, and the echeon City approved the Defendants’ factory establishment on March 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 14 (including a serial number; hereinafter the same shall apply), the assertion of the purport of the whole pleadings, and the plaintiff plaintiff's assertion that the construction work of the site for factory operation was partially implemented on the land of this case according to the contract of this case. Thus, the defendants, the contractor, are jointly liable to pay the plaintiff the price for site creation and the damages for delay.

(B) The Defendants jointly have the duty to jointly pay the Plaintiff unjust enrichment of KRW 367,247,100 and delay damages therefrom, even if the Plaintiff could not claim the construction cost under the instant contract, the Defendants had to obtain approval of factory construction and perform construction works on the instant land. However, upon the Plaintiff’s implementation of construction works on the instant land, the Plaintiff gained unjust enrichment as much as the site creation cost.

(Preliminary Claim) The Defendants’ instant contract was forged by the Plaintiff, and the Defendants were the Defendants.

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