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(영문) 전주지방법원 2016.07.12 2015가단2463
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 10, 2014, the Plaintiff entered into a contract with the Defendant to newly construct solar power plants on the ground B of the Jeonbuk-gun, Jeonbuk-gun, the Defendant owned (hereinafter “instant power plant and construction contract”) as follows:

The construction project name: 220,00,000 won for the completion of the construction project: 66,000 won for the intermediate payment of KRW 132,00,000 for the intermediate payment of KRW 132,000 for the intermediate payment of KRW 132,00,000 for the intermediate payment of KRW 22,00 for the intermediate payment of KRW 20,000 for the intermediate payment of KRW 20,000 for the remainder payment of the remainder payment of KRW 30 on April 30, 2014; the scheduled date of installation; January 10, 2014 for the scheduled date of installation; Article 4(4): Ownership of the contract product until the payment of the down payment and remainder under this Agreement is completed; ownership of the contract product belongs to “B (Plaintiff).”

(De Facto omitted)

B. On April 14, 2014, the Plaintiff completed the instant construction work, and the Defendant obtained a permit for solar power generation projects from the Governor of Jeollabuk-do on February 14, 2014. On February 19, 2014, the Plaintiff completed the business registration procedure with the trade name “C”.

C. However, the Defendant did not pay the remaining construction cost of KRW 192,00,000,000, out of the proceeds stipulated in the instant construction contract, and the Plaintiff filed a lawsuit against the Defendant as the court 2014Gahap2807, and won the entire payment of the said construction cost on October 14, 2015. Accordingly, the Defendant appealed and filed an appeal with the Gwangju District Court (former District Court) 2015Na102199.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 10, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the Plaintiff’s summary of the instant claim, according to Article 4(4) of the Additional Contract Clause of the instant construction contract, the ownership of the instant power plant shall be owned by the Plaintiff before the completion of the payment of the construction cost. The Defendant did not pay all the construction cost of the instant case as above.

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