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(영문) 청주지방법원영동지원 2016.02.19 2015가단5025
부당이득금
Text

1. The Defendant shall pay the Plaintiff KRW 21,447,060 and the interest rate of KRW 15% per annum from October 31, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) Plaintiff A’s side entered into a construction contract with C) on April 7, 2011, and the construction of a new warehouse (hereinafter “instant construction”) with D ground department D in Chungcheong-gun, Chungcheongnam-do (hereinafter “instant construction”).

(2) Contract amount: 30 million won: 30 million won per day; 0.5% of the total construction cost per day (including delay of construction due to a natural disaster: 4. interest rate for delayed payment: 0.1% per day per day for accounts payable).

B. 1) As to the instant construction project, C made a proposal to the Defendant to the effect that “this case’s construction is awarded, but no construction business license is granted. If the Defendant, who has a construction business license, lends the name of the contractor for the instant construction project and prepares a written contract and issues a tax invoice, he/she would pay a fee equivalent to 5% of the construction cost of this case.” Accordingly, the Defendant accepted it. 2) Accordingly, the Plaintiff B farming association corporation, the representative director of the Plaintiff A (hereinafter “Plaintiff corporation”) as the contractor, the Defendant, and the contractor, signed a construction contract (Evidence 1-2) on March 31, 2011, stating that the Plaintiff B farming association, the representative director of the Plaintiff Company, will contract for the instant construction project amounting to KRW 40 million.

C. On November 30, 201, after the completion of the instant construction work, the Defendant received the instant construction cost in lieu of Plaintiff A and again delivered it to Plaintiff C, and agreed to cover the instant construction cost obligation. Accordingly, Plaintiff A paid KRW 30 million to the Defendant on November 30, 201.

1) As to the instant lawsuit, C filed a lawsuit against the Plaintiff for the payment of the instant construction cost (hereinafter referred to as “prior lawsuit”) under the Youngju District Court’s Young-dong Branch 2013 Ghana 2095

However, the Plaintiff A completed the instant construction on November 30, 201 only KRW 17490,000 out of the construction cost.

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