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(영문) 서울북부지방법원 2020.09.16 2019가단10498
부당이득금반환
Text

1. As regards Defendant B’s KRW 75,00,000 and its KRW 65,000 among them, Defendant B shall be KRW 10,000,000 from June 18, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, under the trade name of “D”, operates the electrical construction site business, and Defendant B was the representative director of E Company until December 2, 2013.

The purpose of this Agreement is to cooperate with each other in establishing a mutual cooperation relationship between the smooth progress of the G dormitory construction in progress and the overall construction works scheduled to progress in the future.

The plaintiff shall make a prior investment of 0 million won in advance to the defendant for the smooth progress of G dormitory construction, and shall re-investment in the cost of acquiring a construction business license when he receives a profit from H after the completion of the construction.

(The cost of acquiring a license is estimated to be approximately KRW 30 million per day). At the time of acquiring a construction business license, the shares of the plaintiff, F, and the defendant shall be 33%, respectively, and shall be consulted in the future.

5. From among new G dormitory construction projects under progress, the difference between 00 billion won per day after the completion of electricity, communications, and fire fighting construction works and the actual contract amount (30 million won per day) shall be repaid to Byung when profit is received after completion of construction works;

B. On January 19, 2012, the Plaintiff, Defendant B, and F drafted an agreement with the following major contents (hereinafter “instant agreement”).

C. From September 28, 201 to May 23, 2012, the Plaintiff deposited KRW 75,000,000 in the bank account under Defendant C’s name (hereinafter “instant agreed amount”). D.

H Co., Ltd. (hereinafter “H”) was ordered to commence rehabilitation on January 30, 2013.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 3 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the claim against Defendant C (the primary ground of claim)

A. Although Defendant C transferred KRW 75,00,000 from the Plaintiff, Defendant C did not have any legal relationship between the Plaintiff and Defendant C, Defendant C acquired the amount equivalent to the above amount without any legal ground, and the obligation to return it to the Plaintiff.

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