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(영문) 대전지방법원 천안지원 2021.02.04 2020가단7336
부당이득금 반환
Text

1. The Defendant’s KRW 105,113,730 as well as 5% per annum from April 14, 2012 to September 9, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 29, 201, the Plaintiff, a company established on August 29, 201 for the funeral hall and funeral-related service business, contracted the construction of the Asan City D Building to C Co., Ltd. in the amount of KRW 3.2 billion for the construction cost, and delegated E with the affairs of civil petition and authorization and permission at the site of the said new construction work.

B. On November 201, when the Plaintiff was found to be in charge of the interior works of the above building (hereinafter “instant construction”), the Plaintiff introduced the Defendant from E, and agreed with the Defendant to complete the instant construction works in the amount of KRW 500 million by verbally with the Defendant, and the Plaintiff paid KRW 50 million as remuneration to the Defendant.

(c)

Accordingly, from January 2, 2012, the Defendant: (a) from around January 2, 2012 to select a business entity for each process; (b) demanded construction costs to the Plaintiff via E from time to time; and (c) the Plaintiff paid the Defendant totaling KRW 340,41 million over ten times as indicated below.

On January 21, 2012, 5,00,00 office fixtures on the 5,00,00,00 office fixtures on January 21, 2012, 8,50,000, personnel expenses and other expenses for the purchase of materials for wooden teams on January 30, 2012, 6,50,000 on April 31, 2012, 30,000, 30,000 won and expenses, 10,00,000 office fixtures on February 8, 2012, 30,00, 00,000, 00,000, 00,000,000,00,00,000,00,000,00,000,000 won for materials and 30,000,000,00 won for materials and 30,000,000 won.

D. The Defendant refused to demand payment of the Defendant’s additional money when the Plaintiff demanded materials, such as the construction statement and cost calculation statement, and the instant construction was suspended on or around April 13, 2012, and the construction work execution statement in which the Defendant’s employee organized the construction work cost of the F that was in charge of the instant construction work, until April 13, 2012.

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