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(영문) 광주지방법원 2015.01.08 2013가합56664
부당이득금
Text

1. The Defendant Net Management Co., Ltd.: (a) KRW 174,169,79; and (b) 5% per annum from January 7, 2014 to January 8, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant Young Young-gun contracted the C Corporation’s net construction (the trade name before the registration of change was made on June 7, 2013, hereinafter “Defendant Young-gun”) to the former Young-gun, Young-gun, Inc., and on April 25, 2013, Defendant Young-gun subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”).

B. On April 15, 2013, the Plaintiff entered into a contract to lease temporary materials to be used at the construction site of this case from April 15, 2013 to the original construction company, the end of April 15, 2013, and brought the temporary materials to the construction site of this case.

On May 2013, Won Construction Co., Ltd. submitted a letter of waiver of the instant construction contract and the execution to Defendant Net.

C. Around June 2013, Defendant Net Management entered into a contract on the instant construction work with a limited liability company (the pre-registration of change on May 20, 2013) at KRW 808,232,00 (including value-added tax) and entered into an agreement on the direct payment of the said subcontract price by Defendant Young-gun, the ordering person, of the said construction work, to the Dosan Construction Co., Ltd. (hereinafter “Dosan Construction”).

On June 15, 2013, the Plaintiff entered into a contract to lease temporary materials to Subdivision (hereinafter “instant lease agreement”) and decided to succeed to the rent for temporary materials already delivered to the Plaintiff at the construction site of this case.

The plaintiff later delivered additional temporary materials at the request of the Subdivision. At the present construction site of this case, there are temporary materials such as the name and quantity column in the attached Table (hereinafter referred to as "the temporary materials of this case"), and the rent and total rent for each temporary material are as shown in the corresponding column of the above table.

The construction of this case by September 16, 2013 is proceeding and the defendant.

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