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(영문) 의정부지방법원 2020.08.18 2019가단130296

부당이득금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 5, 2011, the Plaintiff entered into a contract for the instant construction project with E, while carrying out the construction work of constructing three buildings on the land surface (hereinafter “instant construction work”) on the land outside D and seven parcels, Nam-si, Namyang-si, the husband of C, and entered into the said contract with E on August 5, 201.

B. The Plaintiff, together with C, filed a lawsuit containing the purport that KRW 227,380,00,000, out of the construction cost paid to E, 635,380,000, should have been paid in excess of the construction cost and be returned in unjust enrichment. In the instant case, the Defendant appeared as a witness and testified that “the Plaintiff received KRW 50,000,000 in order to cover the service cost on the job where the Plaintiff, C, and E, etc. were present,” and the full bench testified that “the amount paid as the development charge on December 8, 201 cannot be deemed to have been paid as the construction cost.” This part of the Plaintiff’s claim was rejected.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion and C did not conclude a contract with the Defendant, but paid KRW 50,000,000 as construction cost to E on December 8, 201.

Therefore, 50,000,000 won that the Defendant received from E as development charges or service charges should be returned to the Plaintiff as unjust enrichment because it was paid without any legal cause.

B. The summary of the defendant's assertion and C asked E about the problem of additional development charges due to the increase in the building area, and E asked the defendant to find out that the amount of KRW 50 million for the defendant to resolve the problem.

Accordingly, the service was requested by visiting the defendant office of C and E, and the respondent requested F to provide the service related to development charges and paid the amount of 22 million won. Accordingly, the plaintiff paid the development charges of KRW 150 million.

(c).