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(영문) 대전지방법원 2017.10.25 2015가합107292
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C and D, a doctor, entrusted the Plaintiff with the preparation of the opening of the prospective opening of the hospital, including the sale and purchase of the prospective opening of the hospital, the selection of the human management company, the selection of the medical equipment company, and the participation of the staff, etc., in 2013, when preparing the opening of the hospital and the postnatal care center at the 8 to 12th floor of the Dong-gu, Daejeon (hereinafter “instant building”).

B. The Plaintiff recommended C to entrust the interior works of the instant building (hereinafter “the instant interior works”) to the Defendant.

However, since the Defendant did not have the qualifications to carry out the instant interior works, the Defendant participated in F, a man-made fishery operator, who was known to the general public, and had the Defendant enter into a contract for the instant interior works and carry out the said works.

C. On April 4, 2013, G Co., Ltd. (C and D are corporations established for the sale of the instant building) entered into a contract for the instant interior works with H H operated by F, and the Defendant jointly and severally guaranteed the F’s obligations under the said contract. The main contents of the said contract are as follows.

- Construction name: Daejeon I interior works - Construction site: 9 floors, 10, 11, and 12 of the instant building - Construction period: April 8, 2013 to July 31, 2013 - Construction cost of KRW 1,485,00,00 (including value-added tax)

D. On April 6, 2013, C concluded a supervision agreement on the instant interior works with the Plaintiff as KRW 10,000,000,000.

E. The instant interior works were completed on July 31, 2013, and the construction price was fully paid by April 2014.

【Unsatisfied Facts, Gap's 1, 2, 3, 7, 8, Eul's 1 (including additional numbers), witness F, and J's testimony and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Plaintiff and the Defendant agreed to divide the proceeds from the instant construction into 50:50 while entrusting the instant interior works to the Defendant, and the Defendant subsequently agreed to divide them into 50:50.

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