(영문) 서울중앙지방법원 2019.03.22 2018가합504413

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(영문) 서울중앙지방법원 2019.03.22 2018가합504413

부당이득금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of civil engineering works and building works. The Defendant was a company established for the purpose of building works, etc. on March 13, 2007 and was dissolved C Co., Ltd. (hereinafter “C”) on December 3, 2018.

B. On August 24, 2009, the Plaintiff entered into a contract for the first or third works of this case (including value-added tax; hereinafter the contract amount) KRW 473,00,000 (including value-added tax; hereinafter the same shall apply) with respect to the windows and metal works among the D Works in Yangyang-gun, Gangwon-gun, the Plaintiff is an amount including value-added tax.

A) The construction contract was entered into on October 27 of the same year with the content that the contract amount was changed to KRW 500,000,000 (hereinafter collectively referred to as “instant first contract”) and the contract amount was changed to KRW 500,000.

(2) On May 28, 2010, the Plaintiff concluded a construction contract with the Department and Changho, and Miscellaneous Articles Corporation E located in Ansan-si with the content that the contract amount is KRW 154,00,000 (hereinafter “instant contract for 2”).

3) On October 4, 2010, the Plaintiff entered into a contract for construction works with C, with the content that the contract amount of KRW 120,000,000 is to be entered into with respect to the board, windows, and miscellaneous works among the remodeling works outside the building in Ansan-si, among the remodeling works outside the building in Ansan-si (hereinafter “instant third contract”).

(c) On July 3, 2013, the Defendant prepared the instant payment note: (a) with respect to the payment for the unpaid construction cost of the first or third contract of this case on July 3, 2013, the Defendant shall pay the Plaintiff KRW 230,000,000, which was not paid until July 30, 2016, on condition that the Plaintiff did not proceed with the claim preservation procedure until July 30, 2016; and (b) among them, KRW 5,00,000,000 shall be paid until December 30, 2013 (hereinafter “instant payment note”).

C shall prepare and seal C’s corporate seal.

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