(영문) 의정부지방법원 2016.04.22 2015가단6999

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(영문) 의정부지방법원 2016.04.22 2015가단6999

부당이득금 등

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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. A. On December 20, 2007, the Plaintiff and C Co., Ltd. (hereinafter “C”) concluded a contract with the Plaintiff under which the Plaintiff entered the construction work for the new building indicated in the separate sheet (hereinafter “instant building”) in C (hereinafter “instant construction contract”) as the contract cycle between January 2, 2008 and July 30, 2008 and the construction period from January 2, 2008 to July 30, 2008.

B. Although C completed the construction of the instant building in accordance with the instant construction contract, the Plaintiff filed a lawsuit seeking compensation against C by asserting that the construction of the instant building was defective due to the non-construction of C, etc., and the said court rendered a judgment on June 25, 2014 to the effect that “C shall pay to the Plaintiff 50,945,821 won and interest calculated at the rate of 20% per annum from May 8, 2014 to the date of complete payment.” The said judgment became final and conclusive around that time.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The plaintiff asserts that when considering the fact that the defendant is the actual operator of C and the defendant received part of the construction price of this case directly from the plaintiff, the defendant must compensate the plaintiff for the damage caused by the defect of the building of this case on behalf of C.

According to each of the evidence Nos. 5 (including paper numbers) and 6, it may be recognized that the Plaintiff remitted to the Defendant the sum of KRW 70 million on Sep. 16, 2008, KRW 50 million on Jan. 22, 2009, KRW 120 million on Jan. 22, 2009, and the Defendant served as C’s director or internal director on his behalf of the Plaintiff. However, the above facts of recognition are insufficient to recognize that the Defendant is liable for damages caused by the defect of the building of this case on behalf of the Plaintiff, and there is no other evidence to acknowledge this otherwise.

The plaintiff's above assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed for lack of reasonable grounds.

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