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(영문) 서울동부지방법원 2015.04.10 2014가합11428
정산금 등
Text

1. Of the instant lawsuit, the part of the claim for restitution of unjust enrichment based on the subrogation right of the creditor is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. (1) On August 1, 2011, the Co., Ltd., Co., Ltd. (hereinafter referred to as “ Sejong Integrated Construction Co., Ltd.”) drafted a construction contract agreement to newly construct the telecom on the land (former names: E) and one parcel other than the F in Asia-si (hereinafter referred to as “instant building”) at KRW 1.25 billion for the construction cost (excluding value-added tax).

(2) On August 26, 2011, G Limited Company G (hereinafter “G”) drafted a contract agreement stating that it will contract the instant construction work to three-type comprehensive construction companies with the meaning that it is jointly and severally and severally liable for payment of D’s construction cost under the instant construction work to KRW 1.2 billion for the construction cost (excluding value-added tax).

(3) On February 21, 2012, Sejong General Construction: (a) prepared and delivered a letter of waiver of the instant construction project, including the purport to waive the instant construction project due to financial problems, etc. to G; (b) on February 22, 2012, it transferred the instant construction construction right to the Sejong Special Industry Development Co., Ltd. (hereinafter “PP Development”); (c) accordingly, as to Asan Special Metropolitan Construction, the construction report was made to change the contractor of the instant construction from the “PP Construction” to the “PP Development.”

(4) On February 22, 2012, G prepared and delivered a written consent to the consent of the owner of the instant construction project to I to change the name of the owner of the instant construction project, and accordingly, G changed the construction participants to “I” from “I” to “I” to “I.”

(5) Meanwhile, between I and I on February 10, 2012, the Sejong Industrial Development drafted a contract agreement between I and the contractor for the instant construction work, setting the contract amount of KRW 1,030,000 (excluding value-added tax) and the contract amount of KRW 1,00,000 for the instant construction work.

B. (1) On February 23, 2012, the development of the Sejong Industry, including the borrowing of construction cost and the preparation of a written agreement, is KRW 200,000,000,000,000 for the construction cost of the instant construction project.

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