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(영문) 광주지방법원 2018.10.11 2017가합59036
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff is a regional housing association established around June 29, 2015 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to conduct a new construction project of H apartment (hereinafter “instant apartment”) with the area of project of 8,140 square meters and daily area of 56 square meters outside Seo-gu, Seo-gu, Gwangju Metropolitan City.

Defendant B (hereinafter “Defendant B”) is a wholesale company selling hardwares and tools. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company conducting building management and cleaning services, etc. Defendant D is an owner of I who is an enterprise conducting removal and interior fishery, and Defendant E Co., Ltd. (hereinafter “Defendant E”) is an indoor construction and design company, and Defendant F Co., Ltd. (hereinafter “Defendant F”) is the Plaintiff’s agent.

On April 10, 2015, Defendant F entered into the instant agency contract with the Plaintiff (hereinafter “instant agency contract”) and had the Plaintiff enter into an agency contract with the Plaintiff on April 10, 2015, with respect to the instant new apartment construction project, Defendant F performed duties such as the establishment and operation of a housing publicity center, and the construction, design, supervision, etc., and the payment of consideration

(A) Article 4 of the instant agency contract. The Plaintiff changed the inside of the house promotion center located in the Seo-gu, Seo-gu, Gwangju, a construction company of the instant apartment (hereinafter “J”) to use the apartment as the Housing Promotion Center for the instant apartment (hereinafter “instant promotion center”) after having changed the inside of the house promotion center located in the Seo-gu, Gwangju, which was used by J Co., Ltd. (hereinafter “J”).

The Plaintiff opened the instant public relations center for four days from April 3, 2015 to April 6, 2015.

Defendant F received KRW 241,863,630 in total from the Plaintiff around August 27, 2015, on the ground that Defendant F paid KRW 33,00,000 to the remainder Defendants other than Defendant F (Defendant D KRW 69,50,000, KRW 89,000,000) with respect to the instant public relations center construction project (i.e., Defendant F).

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