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(영문) 울산지방법원 2014.06.27 2013가단19518
부당이득금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from August 14, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On April 14, 2008, the Plaintiff was a company established to newly build E (former F) on the land of Yangsan-si C and D on January 12, 2010, and ordered the said new construction work to G Co., Ltd. (hereinafter “G”) for KRW 30.7 billion.

B. On July 7, 2010, H of the Plaintiff’s former representative director borrowed KRW 300 million with the Plaintiff’s operating capital from the Plaintiff, the Defendant’s representative director, and drafted a letter of undertaking that G and the Defendant subcontracted the construction work of machinery and fire extinguishing equipment during the said new construction work (hereinafter “instant construction work”) to the Defendant, and make a decision on the construction cost subsequent consultation.

C. On July 8, 2010, H agreed that the instant construction cost shall be KRW 4.73 billion between the Defendant and the Defendant in the qualification of the representative director of the Plaintiff, but the Plaintiff shall be awarded the said payment from G to July 30, 2010 (hereinafter the first agreement).

The defendant representative director I presented to G KRW 4.73 billion under the first agreement as the construction price of this case, and G did not accept it and recognized only KRW 3.749 billion under the first agreement and demanded H to return the above loan amounting to KRW 300,000,000,000 under the first agreement.

E. Accordingly, H would have the Plaintiff compensated for the difference between the construction cost under the first agreement and the construction cost recognized by G, and on December 15, 2010, H would have the Defendant accept the instant construction cost of KRW 3.74 billion between G and G.

F. On December 17, 2010 and April 25, 2011, H drafted and awarded a standard subcontract agreement for construction works (hereinafter “instant subcontract agreement”) with the purport that the instant construction works are subcontracted in the amount of KRW 990 million to the Defendant, with the purport of implementing the aforementioned construction cost preservation agreement, in the qualification of the Plaintiff representative director.

G. In order to secure the payment of the above KRW 990 million for the Defendant who completed the instant construction work thereafter.

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