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(영문) 서울중앙지방법원 2017.06.29 2017가합519364
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 9,015,00 to the Defendant (Counterclaim Plaintiff) and its related amount from March 1, 2015 to June 29, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company running the design construction business, and the Defendant B (hereinafter “Defendant B”) and C (hereinafter “Defendant C”) are companies running the painting construction business.

In addition, Defendant A is a person who actually operates Defendant B and C while operating a construction design business, etc. under the trade name of “D”.

B. The Plaintiff entered into each contract for painting construction with the Defendants as indicated below (hereinafter referred to as “Class 1 or 6 works,” and collectively referred to as “each of the instant painting construction works”). From October 2013 to October 2014, the Defendants performed each of the instant painting construction works.

C. The construction cost paid by the Plaintiff to the Defendants with respect to each of the instant painting works is as stated below in the column of “prepaid amount” as set forth below.

[mark] The fact that there is no dispute over KRW 45,00 for 17,795,000 for 1 E shopping mall 2nd 1 E shopping mall 2nd 2nd 2nd 2nd 2nd 2nd 3nd 47,985,000 won for 1st 17,795,000,000 for 4 H terminal lease work 4nd 1st 2nd 78,000,000 for 6th 6th 2nd 6th 2nd 2nd 3th 2nd 1st 1st 2,000,000 for 1st 1st 3 through 6th 8th 1st 6, Eul evidence 1-6, Eul evidence 1-2, 2nd 3th 3th 2, and the purport of the whole pleadings and arguments as a whole.

2. Determination as to the claim on the principal lawsuit

A. The summary of the Plaintiff’s assertion 1 was based on the response price presented by the Defendants as to the 1 to 4 works, and the contract was concluded after consultation with the Defendants, and written an order of outsourcing stating the agreed construction cost.

However, if there is a shortage between the Plaintiff and the Defendants arising from the final settlement of the construction cost of the instant Nos. 1 through 4, the Plaintiff shall additionally pay it to the Defendants, and if there is an excess, the Defendants shall pay it to the Plaintiff.

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