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(영문) 광주지방법원 2018.10.16 2017가단518781
부당이득금
Text

1. As to the Plaintiff’s KRW 70 million and its KRW 50 million, the Defendant shall start on April 30, 2012, and the remainder KRW 20 million.

Reasons

1. Basic facts

A. The Plaintiff is composed of the descendants of the clan, and the Defendant is a person who has been in charge of keeping, managing, and enforcing the funds while serving as the representative of the Plaintiff from January 1, 1999 to December 31, 2012.

B. The Plaintiff, while implementing the projects for the establishment of the Korea Exhibition Center and its affiliated experience centers to honor the achievements of pre-stigator C, was subsidized by the Mayang-gun Office and continued the projects.

C. Around February 7, 2006, the Plaintiff entered into a contract with E Co., Ltd. (E; hereinafter “E”); the representative director F entered into a contract for contracting KRW 2,402,664,00 for construction works in the Memorial Hall; the Plaintiff entered into a contract with G Co., Ltd. (hereinafter “G”) for contracting KRW 1,244,348,00 for the construction works in the exhibition facilities with the cost of KRW 1,248,00; and the Plaintiff would provide H (hereinafter “H”) with the design supervision services in KRW 98,617,00.

During the process of the business, the defendant, who was the representative of the plaintiff, should pay 50 million won out of 1 billion won of the business subsidy received from the Nanyang-gun Office on February 27, 2006, to E as the construction cost for the construction works for the construction works for the construction. However, 10 million won out of 500 million won, to G, and 20 million won, to H as the advance payment.

E. The defendant is above E.

In order to pay the unpaid construction cost of KRW 120 million, the Defendant withdrawn KRW 120 million in total on five occasions from the head of the Tong, which kept the Plaintiff’s unconstitutional money from December 16, 2008 to November 15, 201, and paid KRW 120 million for E.

(2) On December 16, 2008, KRW 30 million, KRW 10 million on June 1, 2009, KRW 20 million on January 4, 2010, KRW 20 million on January 5, 2011, and KRW 40 million on November 15, 201, respectively). Meanwhile, G is a side agreement with the Defendant at the time of entering into a contract for the construction of exhibition products, and the land purchase cost to be borne by the Plaintiff is paid in lieu of G.

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