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(영문) 제주지방법원 2017.07.21 2015가단15848
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On March 27, 2015, the Plaintiff entered into a contract with Defendant B’s farming association and Seopo-si, and entered into a contract with the Plaintiff under which the structural construction works (hereinafter “instant construction works”) from among the new construction works for facilities related to ground animals and plants (hereinafter “the instant construction works”) of three parcels of land, namely, KRW 2.8 billion in the construction cost, March 27, 2015 on the date of commencement, and October 27, 2015 on the date of completion (hereinafter “instant contract”).

Defendant C is a director of Defendant B Incorporated Partnership.

Around July 17, 2015, Defendant B sent to the Plaintiff a content-certified mail indicating his intent to cancel the instant contract in accordance with Article 673 of the Civil Act and Article 544 of the Civil Act. The Plaintiff received the said mail around July 21, 2015.

[In the absence of any dispute, Gap evidence 1-1, Eul 1-2]

2. The Plaintiff’s assertion as to the cause of the instant construction was prepared for construction, such as entering the site of the temporary materials, such as pumps, such as the attached list for the instant construction (hereinafter “the instant temporary materials”), and placing and managing them at the site, etc., for the sake of the instant construction. However, while Defendant B farming association failed to carry out construction due to the delay in the direct construction works of Defendant B farming association, it was inevitable to suspend construction due to the cancellation of the contract by Defendant B farming association, and again removal of the instant temporary materials from considerable expenses until August 2, 2015.

As a result, the Plaintiff suffered damages from the failure to use the temporary materials of this case from the time of signing the contract of this case to the time of receiving the notice of cancellation, and thus, Defendant B’s farming association owes the duty to compensate

Defendant C is a director of Defendant B Agricultural Partnership and is liable for damages together with the said Corporation.

3. In order to recognize the liability of Defendant B’s liability for damages, the Plaintiff brought in the temporary materials of this case to use them for the instant construction, which led to the Plaintiff’s temporary materials.

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