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(영문) 춘천지방법원영월지원 2016.06.15 2015가단11262
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On April 20, 2012, the Plaintiff entered into a construction contract (hereinafter referred to as “instant contract”) on April 20, 2012 with a member building company (hereinafter referred to as “member building”) and a Pyeongtaek C building located in Pyeongtaek-gun B of Gangwon-gun (hereinafter referred to as “C building”) to contract for construction work for KRW 458,70,000 (hereinafter referred to as “instant contract”).

The following agreements were made between the Plaintiff, members, and E (hereinafter referred to as “instant agreement”):

1. The balance settlement amount of the construction project contracted on April 20, 2012 shall be 270,000,000 won;

2. The Plaintiff is obligated to settle and report the profits from the guest room of the building C to the members, members, and E every day, and the profits from the settlement of the above paragraph 1 until full payment is made shall be transferred to the members, members, and the accounts designated by E (the deposit holders: Nonghyup 355-01-4832-03).

3. The members of the crew and E shall be responsible for repairing defects under the original contract for the construction work.

4. The Plaintiff transferred the right of operation of the entry room located above when the Plaintiff did not late pay a day or fulfill his obligation to report settlement of accounts.

On November 2013, 2013, the Defendant was delegated with all of the powers (such as acceptance of deposits, adjustment of construction amount, etc.) under the instant contract from the member shop, and the member shop unit was drawn up and delivered a power of attorney to waive all the powers of the Corporation.

【Based on Recognition, Evidence Nos. 1 and 2, Evidence Nos. 3-1 and 2-2, and the purport of the entire pleadings is asserted by the Plaintiff, the Defendant acquired the claim for payment of KRW 270,000,000 for the settlement of accounts according to the agreement of this case from the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the building of the building of the building of the building of the

However, from December 2, 2012 to September 30, 2013, the Plaintiff is out of the construction cost of KRW 270,000,000, which shall be paid to the member flag according to the instant agreement.

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