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(영문) 광주지방법원순천지원 2019.01.10 2018가합10860
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1 through 5, and 17 (including provisional numbers; hereinafter the same shall apply);

(iii) each entry in Eul evidence 1 to 3, witness E’s testimony, the purport of the whole pleadings

A. On May 31, 2013, the Plaintiff entered into a contract with the Plaintiff for the construction of a building listed in the attached Table 2 (hereinafter “instant building”) on the F land on behalf of the Defendant B Co., Ltd. Co., Ltd. (hereinafter “Defendant Co., Ltd”).

The Plaintiff asserted that the Plaintiff merely lent the construction license to the Plaintiff in relation to the instant construction project, and that the Plaintiff is the Plaintiff. However, as examined below, in light of the fact that the Defendant Company performed the construction project after the discontinuance of the instant construction project, and that the Defendant Company received a judgment of partial acceptance of the construction contract claim against D as the party to the instant contract, the parties to the said contract are the Defendant Company.

Contract for Construction Works

1. Name of construction: New construction of G roots and accommodation facilities;

4. Period: Commencement of 12 months from the commencement date: June 2013: May 2014.

6. Contract, supply price, value-added tax: (Public column);

7. Timing and methods of completed portion: It shall be substituted by the sale price in lots.

B. The Defendant Company had the Plaintiff perform the instant construction work from June 2013, but the Plaintiff failed to properly proceed with the instant construction work due to the worker’s on-site stay due to the payment of wages from September 2013.

C. On September 30, 2013, the Plaintiff: (a) received total of KRW 300 million upon completion of the construction work in the upper part of the lower part of the underground floor; (b) KRW 200 million upon completion of the construction work in the lower part of the underground floor; (c) KRW 500 million upon completion of the construction work in the lower part of the underground floor; and (d) concluded a contract with the Plaintiff that receives KRW 90 percent out of the sales price.

Agreement of Implementation

1. An assembly of underground floors, columns, and retaining walls by October 20, 2013, and by October 30;

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