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(영문) 광주지방법원 2015.12.24 2015나3842
부당이득금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The Plaintiffs filed a lawsuit against D seeking labor payment of KRW 78,228,00 and damages for delay (No. 11823, Gwangju District Court Decision 2013Da11823, Sept. 25, 2013) by asserting that “D” (hereinafter collectively referred to as “D”), “F Hospital Construction Corporation, G Commercial Building Corporation, and HJ Construction Corporation,” (hereinafter collectively referred to as “instant construction”) provided labor by receiving labor subcontracting. The said lawsuit was initiated without pleading, and the judgment was finalized on October 17, 2013 by the said court to accept the entire claim of the Plaintiffs (hereinafter referred to as “instant judgment”).

The defendant is the representative director of D.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, and the argument of the plaintiffs as to the main cause of claim as to the plaintiff's primary cause of claim as to the plaintiff's argument, the plaintiffs were forced to enforce D's property based on the judgment of this case, but only KRW 175,364. This is due to the defendant's abuse of representative director's position and withdrawal of profits by arbitrarily withdrawing and consuming D's money. Thus, the defendant's subrogation of D's 78,052,636 won (=the quoted amount of 78,228,00 won in the judgment of this case - the amount of 175,364 won paid by the plaintiffs by compulsory execution) or the obligation to return unjust enrichment or compensate for damages.

According to the results of the fact-finding inquiry on the No. 1, Eul evidence, two original construction companies of the first instance court, Jung Sea Construction companies, and Dongdong Construction Co., Ltd., according to the results of the order to submit financial transaction information to the Nonghyup Federation of the first instance court, D awarded a total of KRW 178,269,00 in the construction cost as shown below [Attachment 1], and received KRW 178,269,00 in each company's contract and received the total of construction cost, as shown below [Attachment 2].

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