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(영문) 춘천지방법원 2017.11.01 2015가합5873
부당이득금
Text

1. Defendant (Counterclaim Plaintiff) B and Defendant E jointly share with the Plaintiff (Counterclaim Defendant) for KRW 1,521,155,95 and the amount pertaining thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 28, 2009, Defendant E was appointed as the Plaintiff’s intra-company director and was in office until June 1, 2012 (i.e., resignation on August 17, 2011, but became the same day). Defendant E was in office as the representative director from May 28, 2009 to August 17, 201.

Defendant B operates a real estate development business entity as Defendant E’s branch.

B. On February 21, 201, Defendant B and E entered into a modified contract (hereinafter referred to as the “instant contract”) with the effect that the construction work for the new construction of two buildings for the F neighborhood Living Facilities in Chuncheon (hereinafter “instant new building”) was to be executed at KRW 116,710,000,000,000 for the construction cost, and the construction cost of August 8, 201 shall be reduced to KRW 1.1555,00,000,000,000, and one new construction work for the building (hereinafter referred to as “third new construction”) was to be added (hereinafter referred to as “instant contract”).

C. The Plaintiff constructed the new building of this case and delivered it to the contractor, but the contractor has been approved to use the new building on January 2012, and the third unit of the new building was completed only the basic construction.

The Plaintiff received KRW 1,04,900,000 in total from Defendant B and E, including the direct payment of construction cost of this case.

E. Defendant B and E filed a lawsuit against the Plaintiff seeking reimbursement of the cost of repair of defects as the Chuncheon District Court 2013Gahap492 on the grounds that there were defective construction and non-construction parts in the instant new building. Accordingly, the appellate court rendered judgment on January 14, 2015 without obtaining approval of the Plaintiff’s board of directors, even though the instant contract constitutes a transaction involving the interests of Defendant E and the Plaintiff, the representative director of the Plaintiff, and Defendant B and E are co-contractors in an indivisible relationship for the performance of the contract.

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