logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2016.09.06 2014가단12247
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. Since 2011, C Co., Ltd. (hereinafter “C”) performed the creation of a general industrial complex (hereinafter “instant E”) from the former, Young-gun D members of the Young-gun, Chungcheongnam-gun, and F had influence over the appointment of the instant E company as the head of C’s headquarters.

B. Around November 2010, F proposed that the Defendant be awarded a contract for the landscaping project (hereinafter “instant landscaping project”) among the instant E projects, and the Defendant proposed that the Plaintiff be awarded a contract with a limited liability company that the Plaintiff operates (hereinafter “G”), and that the instant construction project should be carried out together, and that the Plaintiff transferred KRW 10 million to the Defendant on May 26, 201.

C. On June 7, 2011, F prepared a contract for a construction project with the Plaintiff as “H” and “4.713 billion won for the instant landscaping project.” However, H as a partner of F, as a partner of F, was the instant E-project site manager.

The Plaintiff transferred KRW 10 million to the Defendant on June 15, 201, and expressed his/her intent to waive the construction work, but transferred KRW 50 million to F on June 16, 201.

E. Since then, the Plaintiff remitted to the Defendant KRW 10 million on June 27, 201, KRW 5 million on July 27, 2011, KRW 10 million on August 1, 2011, KRW 3 million on August 16, 2011, KRW 3 million on August 24, 201, KRW 3 million on August 24, 2011, KRW 3 million on August 31, 201, KRW 3 million on September 9, 201, KRW 50 million on September 23, 201, KRW 300,000 on October 17, 201, and KRW 7 million on October 28, 2011.

F. Meanwhile, around October 201, F withdrawn from C. On the other hand, around October 201, the Plaintiff entered into a contract for the construction project for the landscaping project in this case with Eul, the representative director of C, at around October 201, but G entered into a contract for the construction project in this case with the amount of the construction cost of KRW 3.4 billion and sent a written estimate with the amount of the construction cost of KRW 3.4 billion to the Defendant e-mail around November 6, 2011.

G. The Plaintiff transfers to the Defendant KRW 5 million on November 16, 201, KRW 3 million on November 28, 2011, and KRW 1 million on December 28, 201, the Plaintiff continued to transfer the instant landscaping construction project around the end of December 201.

arrow