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(영문) 서울고등법원 2017.07.13 2016나2082615
부당이득금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 1, 2015, the Plaintiff was a company operating machinery and equipment construction business, etc., and was dissolved pursuant to Article 520-2(1) of the Commercial Act.

The defendant is a person who actually operates C in the position of the chairperson of C Co., Ltd. (hereinafter referred to as “C”).

The Plaintiff was awarded a subcontract for a part of the construction works that C received from C and performed.

B. C’s contract and the Defendant’s acquisition of the Defendant’s claim 1) from F on June 7, 201, upon receipt of a contract from F to June 31, 201, for the construction cost of KRW 2.74.5.6 million, and for the construction period from June 30, 201 to January 31, 201, the contract is concluded. The contract is concluded to pay KRW 50 million after two months from the date of commencement of the construction of the 3th floor, ② KRW 50 million at the time of the construction of the 174.6 billion unit, ③ the remainder at the time of completion of the construction, and completed the construction on April 26, 2012, the Defendant drafted the following agreements (Evidence 35, hereinafter “instant agreement”) with C on November 2, 2011:

(A) (State) The C representative Director, J.B., (B) shall make an agreement as follows:

1. The contractor (A) has the obligation of KRW 1,570,000,00 as the aggregate of the acquisition value of the borrowed collateral, cash loans, management expenses, etc. under paragraph (8) of the agreement concluded with the contractor on October 31, 201;

2. On November 2, 2011, the agreed person (A) transferred to (B) bonds the amount of KRW 1,936,080,000,000 of the construction cost claims of the construction cost of the Kacheon Building to (B) for the repayment of the said debt.

3. The above transferred bond amount of KRW 1,936,00 and the debt amount of KRW 1,570,000 and KRW 366,080,000 shall be used for the payment of the above transferred bond amount of KRW 1,570,000,000 incurred later.

Provided, That since the debt amount under the above paragraph (1) is calculated by 120% of the principal, the debt amount shall be repaid and the remaining amount shall be used for the above purpose.

We agree as above.

3 On November 2, 2011, C shall be in accordance with the instant agreement.

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