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(영문) 서울동부지방법원 2019.02.01 2017가단141194
부당이득금
Text

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the council of occupants’ representatives consisting of the occupants of Songpa-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”). Defendant C, D, and E are former officers who served as the Plaintiff’s president, director, and auditor from February 2015 to June 2015.

B. On February 11, 2015, the Plaintiff announced a public announcement for the selection of a construction company by means of F publicly notified by the Ministry of Land, Transport and Maritime Affairs with respect to the construction of apartment, external heating repair, re-domination, and the blade roof replacement construction, and held the site site conference on February 26, 2015.

C. On March 18, 2015, Defendant B submitted a written estimate to the Plaintiff, stating that he/she would be KRW 210,000,000,000,000,000,000 in the flodial bladeet construction cost, and KRW 78,00,00,00,00 to the Plaintiff. On March 25, 2015, Defendant B, who presented the lowest bid price among the 11 companies participating in the site site conference, was selected as a business entity.

On April 2, 2015, the Plaintiff and Defendant B entered into a contract for construction works with the period of construction from April 7, 2015 to June 7, 2015 (hereinafter “instant construction contract”); Defendant B completed the said construction works from April 7, 2015 to June 7, 2015 (hereinafter “instant construction contract”); and from April 7, 2015 to June 7, 2015 to June 2015, the amount of KRW 210,000 (in the case of additional dues and roof replacement works, the amount of KRW 8,00,000 is reduced compared to the estimate amount of Defendant B).

E. The Plaintiff paid the said construction cost to Defendant B from April 22, 2015 to June 2, 2015.

(f) As a result of the investigation into the actual condition and the audit of the management of the apartment of this case between May 22, 2017 and May 27, 2017, Songpa-gu Office, as a result of the investigation into the actual condition and the audit, stated the unit price and amount by the bidder in a detailed statement, for which the management authority has already indicated the quantity of the apartment of this case before the commencement of the construction work, in accordance with the guidelines for the selection

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