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(영문) 대전지방법원 2013.07.25 2012가합100870
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, on June 24, 2010, is a tax engineering corporation (hereinafter “tax”).

(B) in the City of Ansan-si, the AFF branch office BIPV (hereinafter referred to as the “instant construction”).

3) A contract by lending the Plaintiff’s name (hereinafter “instant contract”).

(2) The Plaintiff was paid KRW 168,300,000 in total as the construction price of the instant case from the Jeju tax.

However, with respect to the instant construction project, the Plaintiff paid KRW 136,00,000 to the Defendant and KRW 120,832,994 to the lower beneficiary B, respectively, and paid KRW 5,004,120 as value-added tax (i.e., the amount of value-added tax paid to KRW 15,30,000,000 - KRW 10,295,880) and KRW 261,837,114 (= KRW 136,00,000).

3) Therefore, the Defendant is obligated to pay the Plaintiff the difference amounting to KRW 93,537,114 (i.e., KRW 261,837,114 - KRW 136,00,00) as indemnity or unjust enrichment. (ii) In full view of the entries in evidence Nos. 1-1 through 30-4 and the purport of the entire pleadings as a result of the inquiry into B by this court, the Defendant received contracts from the Plaintiff for the instant construction project and the installation of solar power generation equipment (hereinafter referred to as “the installation of solar power generation equipment in bulk”), the installation of solar power plant (new energy), the installation of the Ansan-dong, and the construction work period of KRW 30,00,000,000, and the construction work period of KRW 10,000,000,000,000 from KRW 30,000,000,000,000,000,000 from KRW 10.

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