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(영문) 부산지방법원 2016.02.17 2014가단61827
부당이득금반환
Text

1. The Defendant’s KRW 69,075,00 for the Plaintiff and its related KRW 5% per annum from January 4, 2014 to March 26, 2015.

Reasons

1. Facts of recognition;

A. On January 11, 2012, the Plaintiff leased the name of the construction business chain Co., Ltd., and received a contract from New Es. (hereinafter “owner”) for the construction of the main complex building (seven stories and 34 households of officetels) on the ground C in Kimhae-si (hereinafter “instant construction”) at KRW 1,714,720,00 for construction cost.

B. The Plaintiff and the Defendant agreed that KRW 500,000,000, out of KRW 600,000,000, which are anticipated to be required before receiving the primary construction payment from the building owner, the Plaintiff invested the remainder of KRW 100,000,000, and upon completion, distribute the profits

C. On January 30, 2012, the Plaintiff commenced construction of the instant construction and completed it on November 30, 2012.

On March 7, 2012, the Plaintiff agreed to take over approximately KRW 106.5 square meters (the subsequent settlement for the increased or decreased number of square meters) for the seven households of the instant officetel as payment in lieu of KRW 585,750,000 among the construction owner and the said construction cost, by calculating the amount of KRW 5.5 million per square year.

E. The Plaintiff received part of the construction price from the owner on June 19, 2012, KRW 511,500,000 as part of the construction price. Until then, the Plaintiff received KRW 11,40,000,000 from the owner of the instant construction project until then, the Plaintiff added KRW 350,000 on January 11, 2012, ② KRW 350,000 on January 13, 2012, ③ KRW 3650,00 on January 17, 2012, ④ KRW 20,000 on February 6, 2012, ⑤ KRW 30,000 on February 16, 2012, KRW 30,000 on March 15, 2012, KRW 300,000 on April 23, 201, KRW 300,000 on May 19, 2012

F. Around January 13, 2013, the Plaintiff presented the documents calculating the construction profit and the deposit passbook to the Defendant, and presented that the construction profit is KRW 229,686,242, and 1/6 (the Plaintiff’s investment amount is KRW 500 million, and the amount invested by the Defendant is KRW 94 million or KRW 100 million) equivalent to the Defendant’s share. The Defendant confirmed this.

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