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(영문) 서울동부지방법원 2016.04.22 2015나22603
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. (1) Parties 1) The Plaintiff’s retail store “Dart” at the Orcheon-gu, Busan Metropolitan City C (hereinafter “instant store”).

2) The Defendant is a person who operates the business under the trade name of “H” in Sungnam-si G and operates the E office in Yeongdeungpo-gu Seoul Metropolitan Government I for the installation and construction of ELD (hereinafter “LED”).

The defendant F is the head of the above E Installation and Execution Team.

B. A contract for construction and installment financing agreement 1) The Plaintiff and F, around August 9, 2013, shall be the construction work to be installed by replacing the interior and signboard lighting of the instant store with PED (hereinafter “instant lighting replacement work”).

On August 10, 2013, F negotiated negotiated with the Plaintiff. On August 10, 2013, F prepared and issued a letter of confirmation on the estimated amount of electric charges (Evidence 5) to which the details of the reduced amount of electric charges anticipated at the time of replacing the lighting to LED were stated. 2) on August 12, 2013, F prepared and issued to the Plaintiff a letter of confirmation on the quantity of lighting by item (Evidence 6) stating the size and quantity of lighting equipment necessary for the instant lighting replacement work, and the said letter of confirmation was written with the estimated amount of KRW 360,500,000 per month ( KRW 1250,000 x 36 months).

3) The Plaintiff and F, on August 13, 2013, set the contract amount of KRW 41,400,000,000, and the instant contract for the instant lighting replacement construction (hereinafter “instant contract for the lighting replacement construction”).

(4) On August 13, 2013, the Plaintiff entered into an installment financing agreement with Samsung Card Co., Ltd. for the payment of the price stipulated in the instant agreement to replace the name of the instant construction project. The Plaintiff divided the construction contract amount of KRW 41.4 million into two parts, and entered into an installment financing agreement with each part of which is KRW 21,384,00,000 and KRW 20,016,000.

The Plaintiff signed a certificate of receipt and installation (A No. 12) on the same day and submitted it to Samsung Card Co., Ltd.

The receipt of the above goods and the lower part of the installation confirmation.

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