부당이득금
1. The Defendant (Counterclaim Plaintiff) paid KRW 40,813,00 to the Plaintiff (Counterclaim Defendant) for KRW 40,813,00 and for this, from May 31, 2016 to January 24, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 12, 2013, the Plaintiff entered into a construction subcontract (hereinafter “instant subcontract”) under which the Plaintiff entered into a contract with the Defendant for the construction of the instant building B (hereinafter “instant building”) with the construction period from October 21, 2013 to February 28, 2014, setting the construction cost of KRW 231 million and the construction cost of KRW 200 million to the Defendant (hereinafter “instant subcontract”).
B. The Plaintiff paid KRW 210 million to the Defendant out of the construction cost of the instant subcontract. The Defendant deposited KRW 41 million with the owner of the instant construction project, which deposited KRW 41 million (which appears to include the additional construction cost under an agreement) as the claim, the provisional attachment of C’s real estate with the claim, and KRW 41 million as the deposit at sea on May 23, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the main claim
A. By February 28, 2014, the date of completion the Plaintiff’s assertion, the Defendant: (a) failed to perform roof wood works, outside stone works, rupt installation, and studs construction works; (b) constructed this title by a general window; and (c) assessed the repair cost of KRW 57,716,00 as compensation for damages in lieu of defect repair; and (d) filed a claim against the Defendant for the payment of the said KRW 57,716,00 as compensation for damages in lieu of defect repair.
B. Comprehensively taking account of the purport of the evidence No. 5 and the purport of the entire pleadings, the fact that: (a) as a result of the appraisal of the defect, erroneous construction, and non-execution of the instant building by the instant construction work from July 2015 to September 2015, the costs of repairing the defective, erroneous construction, and non-execution are calculated as KRW 57,716,00,000.
However, according to the above evidence, the above remuneration costs of KRW 57,716,00 shall be the general head of the building of this case.