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(영문) 서울서부지방법원 2018.09.28 2018가단210204
부당이득금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 180,000,00 and the interest rate thereon from July 17, 2018 to the day of full payment.

Reasons

1. Assertion and determination

A. In addition to the purport of each statement in Gap evidence Nos. 3 through 7 and 10 through 12, the plaintiff will construct a multi-family house with the second floor above the ground, such as Eunpyeong-gu Seoul Metropolitan Government D land. On April 17, 2017, the plaintiff entered into a construction contract (the instant contract) with the representative director Eul of the defendant B Co., Ltd. (the defendant Co., Ltd.) on a total of KRW 500 million. The plaintiff paid KRW 300,000 according to the instant contract by June 15, 2017. The defendant Co., Ltd suspended construction work around June 30, 2017 while the aggregate assembly process was in progress, the instant contract was rescinded, and the defendant Co., Ltd. was released from the agreement, and on November 7, 2017, the agreement should be prepared to provide the plaintiff with an investment of KRW 100,000,000,000,000,000.

B. According to the above facts, the Defendant Company is obligated to pay to the Plaintiff the settlement amount of KRW 180 million agreed to return according to the rescission of the instant contract, as well as damages for delay calculated at the rate of 15% per annum from July 17, 2018 to the day of full payment, following the day when the copy of the instant complaint was served on the Defendant Company, as requested by the Plaintiff.

C. In full view of all the above evidence, the defendant C merely appears to have entered into the instant contract on behalf of the defendant company, and the above evidence alone cannot be deemed to have the obligation to pay the settlement amount due to the discontinuance of the work of the defendant company, and therefore the plaintiff's claim against the defendant C is without merit.

2. Conclusion.

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