부당이득금
1. The Defendant’s KRW 28,663,767 as well as 5% per annum from August 10, 2017 to August 22, 2019 to the Plaintiff.
1. Basic facts
A. The Plaintiff is a stock company that received a contract from the Jincheon-gun C High School relocation from the Jincheon-gun, Chungcheongnam-do (hereinafter “instant construction”).
E worked as the Plaintiff’s employee, from August 2015 to November 23, 2016, as the site manager of the instant construction site from around November 23, 2016.
B. The Defendant supplied building materials at the construction site of this case to a person engaged in wholesale and retail business, such as hardwares, tools, safety supplies, etc. with the trade name of “F.”
After completion of the instant construction project, the Plaintiff paid the Defendant KRW 16,00,000 as the price for the said goods, and KRW 18,274,850 as of June 15, 2016, respectively.
C. On August 4, 2016, the Defendant filed an application against the Plaintiff for a payment order claiming the payment of KRW 32,507,844 of the remainder of the purchase price of goods with the Jincheon-gun District Court 2016Ra261, and on August 5, 2016, the Defendant paid to the Defendant the amount calculated at the rate of KRW 32,507,844 per annum from the day following the delivery date of the payment order to the day of complete payment (hereinafter “instant payment order”).
The above payment order was served on the Plaintiff on August 24, 2016 and was finalized on September 8, 2016.
On July 27, 2016, the Defendant issued a decision to provisionally seize the Plaintiff’s claim against Chungcheongbuk-do (Cheongju District Court 2016Kadan1518; hereinafter “provisional seizure 1”), and on September 5, 2016, issued a decision to provisionally seize the Plaintiff’s claim against the Republic of Korea (Supreme Court 2016Kadan2078, hereinafter “provisional seizure 2016”) (hereinafter “provisional seizure 2”).
E. On November 14, 2016, the Defendant, with the title of execution, received a seizure and collection order (the court 2016TT 6739), from which the provisional seizure is transferred to the original seizure on November 14, 2016, and KRW 5,068,025, and KRW 91,760, respectively, from the distribution procedure (the court G) for the deposit.