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(영문) 서울중앙지방법원 2016.08.25 2015가단5292427
부당이득금
Text

1. All the claims of the Plaintiff and the Plaintiff’s succeeding intervenor are dismissed.

2. The costs of litigation are assessed against the Plaintiff and the Intervenor.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of building reinforced concrete construction, and the Defendant is a company that runs the business of leasing materials for construction.

B. On December 6, 2010, the Plaintiff agreed with the Defendant to lease each of the materials for AL-FRM (hereinafter “instant materials”) to be used for the construction of reinforced concrete of the Kim Han River City AB-7 block apartment (hereinafter “instant subcontracted”) constructed by the Plaintiff under a subcontract with Hyundai Construction Co., Ltd. (hereinafter “NG”) during the period from January 1, 201 to November 11 of the same year, and from the total price of KRW 932,470,000 (including value-added tax) (hereinafter “instant lease”). The Plaintiff received and used the instant materials from the Defendant.

C. Around December 29, 2011, the Plaintiff agreed with the Defendant to pay the unpaid amount to the Defendant under the instant lease agreement at KRW 209,730,000.

On December 29, 201, the Plaintiff transferred KRW 209,730,000 among the claim for construction price, which the Plaintiff claims against Hyundai Construction in accordance with the instant subcontract construction contract, to the Defendant in order to repay the obligation to pay the unpaid price, and then notified Hyundai Construction of the transfer, and the transfer notification reached the modern construction around that time.

(hereinafter, the above assignment of claims is referred to as the "transfer of claims of this case").

In addition, on January 16, 2012, the Plaintiff entered into an agreement with the Defendant on the payment of the unpaid amount (hereinafter “instant agreement”), and the main contents of the agreement (Evidence A No. 4) are as follows.

1. The Plaintiff’s payment of KRW 209,730,000 to the Defendant is KRW 20,000,000 until January 20, 2012; and

2. up to 20.50,000,000 won for the same year; and

3. up to 20.50,000,000 won for the same year.

4. By 20.0 69,730,000 won shall be repaid in installments.

However, this case is to the defendant before the date of the above payment.

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