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(영문) 대전지방법원 2015.05.14 2014가단15658
부당이득금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. C performed the new construction of the multi-family house (hereinafter “the instant multi-family house”) on the ground of the 16 piece of land D (hereinafter “the instant land”), but suspended the construction due to the lack of funds. The creditors, including the construction company, attached the instant land and multi-family house or claimed a lien on the said multi-family house.

Among the companies claiming a right of retention, the Cspo industry was also a Co., Ltd. (hereinafter referred to as the "Cspo industry").

B. The Defendant introduced the construction of the instant multi-family house from the land owner (hereinafter referred to as the “construction of the instant multi-family house”) and introduced the instant construction to E by the Defendant’s employees around June 2013.

On June 15, 2013, the Plaintiff and the Defendant visited the construction site of this case and came to know that construction business operators exercise their right of retention in the multi-family house of this case.

C. Around July 2013, the Defendant: (a) supplied the instant construction from the Defendant and the Sspo industry with KRW 76,000,000,000 in return for the introduction, the Plaintiff paid KRW 10,000 to the Defendant in return for the introduction; (b) however, (c) concluded an agreement with the Defendant that pays KRW 5,00,000 when the contract was concluded, and the remainder of KRW 5,00,000 when the first payment was made (hereinafter “instant agreement”).

On July 6, 2013, the Plaintiff and the Defendant concluded the instant construction contract in KRW 76,00,000 as follows. On the same day, the Plaintiff issued five copies of the original right check to the Defendant, including the attached list number sheet.

The name of a construction project: F commercial building and multi-household remainder construction site: D D D: The Plaintiff and the Defendant: the contract price on July 8, 2013 or September 8, 2013: KRW 76,000,000 (However, the contract price shall be KRW 20 million after the third floor, ② 30,000,000 after the completion of the frame, ③ the remainder payment after the completion of the frame)

D. Meanwhile, the instant land and the instant land.

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