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(영문) 창원지방법원 2018.07.19 2017가합55254
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Co., Ltd. (hereinafter “C”) and Co., Ltd. (hereinafter “C”), which are manufacturers and distributors of agricultural cooling and heating machinery, etc. (i) conclusion of each construction contract between C and D, E, and F

(2) On December 29, 2009, C concluded a construction contract with D and D on December 29, 2009, setting the construction period of construction from December 2009 to August 201, 201, and the construction cost of construction KRW 505,00,000. 2) On December 29, 2009, C concluded a construction contract with respect to the installation of electric heating apparatus from December 29 to August 29, 2009, by setting the construction period of construction to KRW 90,900,000.

3) On December 29, 2009, C concluded a construction contract with F and the construction period from December 2009 to August 201, 201 with respect to the installation of electric heating apparatus, setting the construction cost as KRW 121,200,00. 4) The installation of each electric heating apparatus (hereinafter “the installation of each electric heating apparatus of this case”) was completed on February 201.

B. 1) On December 18, 2013, the Plaintiff received a favorable judgment against C to the effect that “C shall pay to the Plaintiff the amount calculated by the rate of 20% per annum from May 4, 2013 to the date of complete payment.” On January 11, 2014, the judgment became final and conclusive on June 20, 2014, the Plaintiff received C’s D, E, and F (hereinafter “D, etc.”)’s claim for the installation of each electrical heating apparatus (hereinafter “C”) from Changwon District Court 20,000,000 won, and from May 4, 2013 to the date of full payment, 200, 689,50,000 won to the Plaintiff, and 30,074,000 won and 47,07,000 won and 47,005,71,000 won and 47,07,005,00 won and 274,7,01,05,7.7,04,0.

C. On November 10, 201, C, the assignment contract between C and the Defendant, the Defendant, and D agreed to transfer the right to the construction contract and the right to the construction price of each of the instant electrical heating systems to the Defendant.

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