logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.21 2015가합6445
부당이득금반환
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 300,116,442 as well as its annual interest from December 8, 2015 to October 21, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff was a person who promoted the new construction project of GJD on the land of Nam-gu Incheon Metropolitan City D, E, and F (hereinafter “instant B”), and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company with the purpose of trade business, real estate development business, etc. on the register, and Defendant B is the representative director of Defendant C.

B. On December 12, 2014, the Plaintiff’s father, Nonparty C, entered into a contract under which the Defendant C received KRW 600,000,000 from Defendant C for the construction of the instant loan (hereinafter “instant contract”). Of the aforementioned construction funds, the Defendant C returned KRW 400,000,000 to the completion of the structural construction, and the remainder of KRW 200,000,000 to the completion of the construction, respectively, and was paid KRW 290,000 in return for the provision of the said construction funds.

On the other hand, the plaintiff jointly and severally guaranteed the above contract.

(The parties to the above contract and the legal nature of the contract are disputed, so specific contents will be examined later).

However, in fact, only KRW 50,00,000 remaining after deducting KRW 50,000,000 from the above construction capital was paid in six installments between December 16, 2014 and May 7, 2015. Under a separate agreement on the extension line of the contract of this case (the Plaintiff’s request for additional payment of the said construction capital paid to Defendant C) that was made on June 3, 2015, Defendant C received additional payment of KRW 50,000,000 from the said construction capital.

On the other hand, around March 2015, a modified contract was concluded to increase the price portion for the provision of the above construction fund from KRW 290,000,000 to KRW 350,000.

On July 9, 2015, immediately after the completion of the instant loan, KRW 600,000 paid to Defendant C in the name of Nonparty I, and KRW 310,00,000 to Nonparty J designated by Defendant C in the name of Nonparty I and H joint.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 10, 17 (including paper numbers), Eul evidence 1 and 2, and arguments.

arrow