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(영문) 광주지방법원순천지원 2019.01.16 2018가단71448
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 82,792,700 and the interest rate of KRW 15% per annum from November 8, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a business entity registered as a business operator in his/her trade name and engaged in wholesale and retailing construction business, such as special design flood control, indoor architecture, board, paint, etc., while having his/her place of business in opticalyang.

Before the plaintiff is entrusted with C's representative, D, the father of the plaintiff directly handled C's affairs such as contracts and contracts, and D, prior to the change to C, was engaged in construction business with "E (F in the name of the representative)".

G Co., Ltd. (hereinafter referred to as “G”) is an indoor building construction business or building business with a place of business at port.

B. On July 1, 2011, G entered into a branch contract with the effect that D, a construction business entity related to H (hereinafter “H”) is difficult to perform by being awarded a contract at the time of the port of entry into a port of entry, and D, a regional H-related collaborative entity’s construction business entity’s construction business at the place of business at the miningyang-si and D, a regional head of the regional headquarters, and D, a corporation’s construction business entity’s construction business entity’s construction project at the regional H-related entity’s place of business at the miningyang-si area, to pay

However, the profit that D shall pay to G was changed to 5% of the total amount of construction contract after the conclusion of the contract by agreement of the parties.

C. D) On August 31, 2012, upon entering into a subcontract agreement with the Defendant and ① from August 31, 2012, with respect to the printing teams, metals, and windows (hereinafter “construction works, such as the Igll, etc.”) under the name of G, with a fixed contract amount of KRW 209,00,000, and the construction period from August 31, 2012 to November 15, 2012, G and E entered into a subcontract agreement to receive payment for the said construction works, and thereafter on September 3, 2012, G and E entered into a subcontract agreement to the contract amount of KRW 198,50,00 with respect to the said construction works, from September 3, 2012 to November 15, 2012; and, on October 23, 2012, the contract amount of the said subcontract was modified to the contractor’s contract amount of KRW 30,010.

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