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(영문) 서울중앙지방법원 2017.04.05 2016가합526037
부당이득금
Text

1. The Defendants jointly share KRW 234,376,750 with respect to the Plaintiff and the period from May 15, 2014 to May 18, 2016.

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff entered into a construction contract with the Defendants (the name of the business owner and the contract title are Defendant C, but the actual operation was Defendant B) to contract six member stores (E points, F points, G points, H points, I points, and J points) that the Plaintiff is scheduled to newly rent out to the Plaintiff (E points, F points, H points, I points, I points, and J points) with the trade name of “D”, with the content that the Plaintiff will contract each of the above member stores for construction work at KRW 417,321,00 for the total construction cost from May 2, 2014 to June 23, 2014 as listed in the following table:

(hereinafter referred to as the “instant construction contract,” and each of the above franchise stores (hereinafter referred to as the “instant construction”). The title of the franchise store 1 E, 79,200,500 won 2F points 114,360,000 won 3 G points 62,538,000 won 4 H points 78,075,000 won 5 I points 8,547,500 won 6 J points 48,547,500 won 417,321,00 won 7 J points 6 J points 48,60,000 won

B. From May 3, 2014 to May 15, 2014, the Plaintiff paid the Defendants the construction cost of KRW 234,376,750 in total under the name of the Defendant C as follows in accordance with the instant construction contract.

The amount paid by the No. 1 E on May 3, 2014, 201 2F points of KRW 57,180,000 on May 12, 2014, 3 G points of KRW 3 G points of KRW 31,269,00 on May 14, 2014, 4 H points of KRW 31,269,00 on May 14, 2014, 39,037,50 KRW 50 on May 42, 2014, 5 I points of KRW 6 J points of KRW 6,30,00 on May 15, 2014, 234,376,750 on aggregate of KRW 74,750 on May 14, 2014.

C. The Defendants failed to perform the instant construction works despite the Plaintiff’s demand for the performance of the construction works. On May 31, 2014, the Defendants suspended the instant construction works.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 3 through 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants did not prepare a construction drawing using capital as originally agreed matters, and did not submit a survey report and a survey report, which is the entire phase, to the extent that the Defendants did not properly reflect the Plaintiff’s instructions.

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