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(영문) 광주지방법원 2020.08.20 2019가합54608
부당이득금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 9, 1989, the Plaintiff is a company established for the purpose of civil engineering and construction, housing construction, and sales business. The Defendants, as married couple, were registered as Defendant C’s representative director D Co., Ltd. (hereinafter “D”) on April 28, 2016, and Defendant B as internal directors.

B. On March 14, 2018, E Co., Ltd. (hereinafter “E”) concluded a contract for construction works with the content that the incidental construction cost will be determined as KRW 1,960,00,000 from among the “highyangG Multi-Family Housing Construction Works” ordered by F (State) between D and D, as of March 14, 2018, and August 31, 2019 from the date of commencement.

C. On October 25, 2018, the Plaintiff entered into a contract for construction works with the content that the incidental civil engineering works among the “Guro-gu H apartment construction works” ordered by the Plaintiff between D and D, shall be KRW 519,00,000 of the construction cost, and the commencement date shall be October 25, 2018, and the completion date shall be December 6, 2019.

On October 25, 2018, the Plaintiff entered into a contract with D to enter into a construction agreement with the effect that the incidental civil engineering works will be subcontracted on October 25, 2018 and August 13, 2019 on the date of the commencement of the construction project, among the “Jable block apartment house construction works” awarded by Jable block apartment house I.

(A) The construction of each of the instant construction contracts (hereinafter referred to as the “instant construction contracts”) shall be referred to as the “instant construction works” when referring to the construction of the aforementioned paragraphs (b) through (d). (e) each of the instant construction contracts.

on October 25, 2018, K received the decision of provisional seizure of claim amounting to KRW 11,313,500 against D’s claim amount for the construction cost claim against E (Seoul District Court 2018Kadan72), and the above decision was served to E, a garnishee on November 2, 2018.

F. On January 18, 2019, L Co., Ltd. received a decision on provisional seizure of claim amounting to KRW 40,000,000 on the claim amount related to construction cost related to “high G apartment construction project” against the Plaintiff (Seoul Eastern District Court 2019Kadan5049), and the above decision is written.

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