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(영문) 인천지방법원 부천지원 2018.04.06 2017가합100801
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 21, 2014, the C and the Defendant concluded a construction contract (Evidence 7) with respect to the pentine Corporation located in the wife population D (240 square meters; hereinafter “instant construction contract”) with the contractor, Nonparty C, the contract amount of which is KRW 450,000,000.

According to the above construction contract, the defendant shall pay C the first construction cost of KRW 80,000,000 within 10 days from the 2nd floor, and the second construction cost shall be paid monthly for each process, and the third construction cost shall be paid after the completion of the construction work, and the balance of the construction work shall be paid after the completion of the construction work, and the first existing structural reconstition equipment 8,000,000 won shall be provided by the contractor, and when the second structural frame has been completed, the defendant shall be paid from time to time for each process.

B. C suggested that the Plaintiff will pay the construction cost because the Plaintiff would be able to see the profit by implementing the instant construction project, when the Plaintiff paid the expenses incurred in the instant construction project, as the funds for the instant construction project are insufficient.

C. Upon receipt of the above proposal by C, the Plaintiff requested that the Plaintiff be added to the joint contractor of the instant construction project, and the Defendant also accepted C and the Plaintiff’s request that the Plaintiff be added to the contractor of the construction contract. As to the instant construction project, the contract document (Evidence A (Evidence 1) signed on March 18, 2014 that the Defendant, the contractor, and the Plaintiff were the subcontractor.

According to the new contract agreement, the method of payment is the same as the existing one, but the construction made before the date of the contract, such as the first existing framework facility, is also the defendant's responsibility.

On June 23, 2014, the Plaintiff and the Defendant prepared a written agreement (No. 3-9) with the following contents, and obtained certification as a notary public E on June 23, 2014, as a notary public E on June 23, 2014.

A: (Defendant) B: With respect to the matters concerning the construction of the building of the instant construction project by “B”, the owner “A” and “contractor “B” shall be agreed as follows:

(1) “B” means the instant construction project.

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