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(영문) 광주지방법원 2016.08.24 2015나7486
손해배상(기) 등
Text

1. The part against Defendant A in the judgment of the first instance is modified as follows:

Defendant A 22,785.

Reasons

1. Basic facts

A. As of August 1, 2013 with respect to steel bars, steel bars, printing teams, glass, and other finished works (hereinafter “instant construction”), among the new construction works of D factories, a contract was drafted between August 1, 2013 and October 31, 2013, with a contractor for the Defendant B, the contractor, the Plaintiff, the construction cost of the Plaintiff, the construction cost of the Plaintiff, and the construction period of the work (including value-added tax; hereinafter the same shall apply) and the construction period of the D factory from August 1, 2013 to October 31, 2013.

(Ex post facto, the construction cost was changed to 436,320,840 won, and the construction period was changed to 31 December 2013. (B) this change contract - No. 1 evidence No. 2- appears to have been made retroactively on August 1, 2013.)

From August 20, 2013 to February 11, 2014, Defendant B paid to the Plaintiff KRW 436,320,840 as the instant construction cost ( KRW 300,000,000 on August 20, 2013 + + KRW 100,000,000 on October 28, 2013 + KRW 36,320,840 on February 11, 2014).

C. On August 19, 2013, Defendant A, upon the Plaintiff’s permission, opened an enterprise bank account under the Plaintiff’s name (hereinafter “enterprise bank account”) and directly managed the instant construction.

From August 20, 2013 to February 11, 2014, the Plaintiff transferred KRW 256,320,000 to an enterprise bank account (i.e., KRW 200,000,000 on August 20, 2013 + + KRW 20,000,000 on October 28, 2013 + KRW 36,320,00 on February 11, 2014; and (ii) received remittance of KRW 40,00,00 in total from the enterprise bank account on September 16, 2013 and November 15, 2013, respectively.

[Reasons for Recognition] Unstrifed Facts, Gap evidence Nos. 1 and 4 (including virtual numbers; hereinafter the same shall apply), branch offices of the court of first instance in the Bank of Korea, results of each order to submit financial transaction information to Gwangju Bank, the purport of the entire pleadings

2. Determination on the claim for unjust enrichment or damages against the Defendants (the Defendant A’s primary claim)

A. The Plaintiff’s assertion 1) As the contractor of the instant construction, the Plaintiff transferred KRW 256,320,000 among them to an enterprise bank account as 1(c) in order to receive the price of the instant construction from Defendant B, and to use it for the execution of the instant construction. However, Defendant A also transferred the amount to the enterprise bank account as 1(c).

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