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(영문) 광주지방법원 2019.10.18 2019나51528
부당이득금
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a business operator who has registered his/her business under the trade name of “C” and has his/her place of business in lightyang, and engages in construction business, such as special design flood control, indoor architecture, board, painting, etc.

Before the plaintiff is entrusted with C's representative, D, the father of the plaintiff directly handled C's affairs such as contracts and contracts, and D, prior to the change to C, was engaged in construction business with "E (F in the name of the representative)".

G Co., Ltd. (hereinafter referred to as “G”) is a company operating indoor construction business or building business with a place of business at port.

B. G entered into a contract on July 1, 201 with the effect that, at the time of port of entry, it is difficult to perform the construction works of H-related cooperative companies with a contract for construction works of H-related cooperative companies in lightyang-si, a regional headquarters of G, and D’s regional headquarters of H-related cooperative companies in lightyang-si, a regional headquarters of G, and D’s branch contract with the effect that, at the time of port of entry, D will pay 9% of the total amount of construction works to G in profits.

However, the profit that D shall pay to G was changed to 5% of the total amount of construction contract after the conclusion of the contract by agreement of the parties.

C. D) On August 31, 2012, upon entering into a subcontract agreement with the Defendant with regard to the contract amount of 209,000,000, and the construction work for the board, metal, and windows (hereinafter “construction work, such as the I panel, etc.”) in the name of G during the I Expansion and Remodelling work, with the period from August 31, 2012 to November 15, 2012, G and E entered into a subcontract agreement with the Defendant that the contract amount of the said construction work to be subcontracted by G during the construction period from August 31, 2012, G and E entered into the subcontract agreement with the Defendant during the construction period of 198,50,500, and construction period from September 3, 2012 to November 15, 2012, as the contract amount of the said construction work to be modified to C on October 23, 2012 (hereinafter “the subcontract agreement”).

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