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(영문) 인천지방법원 부천지원 2018.07.05 2017가단103278
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff church is a branch church under the supervision of the labor union belonging to the integration church of A religious organizations, and the defendant is a current or former director of the plaintiff church.

B. Around 2010, the Plaintiff church entered into a construction work contract with D (the Plaintiff church, E, but its trade name was changed on May 3, 2013; hereinafter “D”) and the Plaintiff church.

After the first construction contract, additional construction contracts or amendments were concluded several times (the instant construction contract; hereinafter referred to as the “instant construction contract”); and accordingly, several construction contracts were made. Among them, according to the construction contract signed on October 31, 2010 (which is actually the final construction contract; hereinafter referred to as the “instant construction contract”), the construction cost is KRW 13,200,000 (including value-added tax).

In March 23, 2010, the construction cost of which is KRW 13,834,800,000, is also the construction contract of March 23, 2010.

D completed all of the instant construction, and the Plaintiff church paid all agreed construction costs to D over several occasions until around 2015.

[Ground for Recognition: Facts without dispute, entries in Gap1 through 4 (including paper numbers), the purport of the whole pleadings]

2. The plaintiff's assertion

A. At the time of the plaintiff church’s primary argument, the defendant, as the representative of the plaintiff church, finalized the instant work price of KRW 13,283,00,000 in total under an agreement with F, which is the actual operator of D, and F, in the form of F, the amount of KRW 300,000 out of the above amount of KRW 300,000 in total and KRW 200,000 in the construction design cost of the plaintiff church in the form of F, which is the sum of KRW 100,000 in total and KRW 100,000 in the interior design cost of the plaintiff church. Accordingly, the amount of KRW 12,783,000 in lieu of D, which D received from the plaintiff church, was reduced to a manner that the defendant made a direct payment to the relevant business.

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