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(영문) 인천지방법원 2016.11.15 2015가합58484
부당이득금
Text

1. The plaintiff A, Ga.

Defendant E Co., Ltd. shall pay KRW 132,184,00 and its amount from November 26, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. The plaintiffs as the parties, the defendant C, and D are those engaged in timber business, etc., and the defendant E Co., Ltd. (hereinafter "Defendant E") are real estate consulting companies.

B. 1) The creation, etc. of a timber industrial complex) 29 timber business entities, including the Plaintiffs, Defendant C, and D (hereinafter “instant member companies”).

(2) The wood industrial complex (hereinafter referred to as the “instant industrial complex”) is awarded a successful bid in the Seo-gu Incheon Metropolitan Government F and G.

2) The instant member companies held a general meeting to perform the creation work of the instant industrial complex, and each of the above general meetings selected Defendant C and D as the executive department (the president and Defendant D’s general affairs) to perform the creation work of Defendant C and D, and Defendant E as a service company to create the instant industrial complex.

3) At the meeting of July 16, 2012, the instant member companies set up KRW 50,00 per square meter in comparison with the exclusive use area of the instant industrial complex and deliver it to Defendant E, and deposit the advance payment (50% of service charges) out of the service charges by July 20, 2012, but did not issue a tax invoice, and a tax invoice was issued only for the remainder (50% of service charges) with the bank account under the name of Defendant D. (4) The Plaintiff transferred KRW 61,142,00 on July 20, 2012, and KRW 71,042,000 on September 20, 2012, to the Plaintiff Company B (hereinafter “Plaintiff B”) and the Plaintiff Company (hereinafter “Plaintiff B”) transferred KRW 34,99,99,999,99,99,99,99,99,9,99, 209,99, respectively.

5) As to the above KRW 71,042,00, Defendant E issued and delivered a tax invoice for KRW 34,99,250 on September 19, 2012 to Plaintiff A, respectively, for the said KRW 71,042,00, and for KRW 34,99,250 on the said KRW 34,00 on September 19, 2012 to Plaintiff B. [Grounds for recognition]less dispute, Party A’s evidence 1 through 4,

each entry, the purport of the whole pleading

2. Determination as to the plaintiffs' claims against defendant E

A. The defendant E shall indicate the claim for the creation of the industrial complex in this case from the member companies of this case.

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