손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 2015, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the content that, until July 2015, the structural part of the structural part of the new construction of the pentine in the Defendant and the Gyeongbuk-gun C (hereinafter “instant site”) will be calculated as KRW 550,000 per the construction cost restaurant, KRW 550,000 per the end of the construction period, and KRW 1,000,000 per the du-dong floor (excluding the cost of materials) to be determined as KRW 129,75,000 (excluding the cost of materials).
B. While the Defendant was performing the instant construction project, it concluded an additional construction contract with the Plaintiff and performed the construction work.
However, wages were not paid to the workers who worked at the site of the instant case, and the instant construction was suspended at the end of August 2015.
C. On the other hand, on February 10, 2015, the Plaintiff paid KRW 144,924,000 as the construction price to the Defendant or his/her employees in relation to the instant construction work, such as paying KRW 20 million to the Defendant or his/her employees.
[Reasons for Recognition] Facts without dispute, entry of Gap 1, 4, and 5 evidence (including each number), the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The claim for unjust enrichment is 143,250,00 won for the final construction amount of the instant construction (i.e., KRW 129,750,00 for the first construction amount of KRW 13,50,000 for the additional construction amount of KRW 129,750,000 for the first construction amount). However, the Plaintiff paid KRW 144,924,000 for the Defendant or his/her workers in connection with the instant construction, and without any legal cause, the Defendant obtained profit equivalent to KRW 1,674,00 for the difference of KRW 1,674,00 for the Defendant’s suspension of the instant construction, and the Plaintiff completed the instant construction at the expense of KRW 9,560,00 for the Defendant’s disbursement of KRW 9,560,00 for the completion of the construction. Therefore, the Defendant was obligated to return unjust enrichment amount of KRW 11,234,00 for the Plaintiff.