손해배상
1. The part of the judgment of the court of first instance against the Defendants shall be revoked and the plaintiff's claim corresponding to the above revocation part shall be all revoked.
1. In the first instance court, the Plaintiff filed a claim for damages and a claim for return of unjust enrichment against the Defendants. The first instance court dismissed the claim for damages and partly accepted the claim for return of unjust enrichment.
Since only the defendants appealed against this, the subject of the judgment of this court is limited to the claim for return of unjust enrichment.
2. Basic facts
A. A. Around May 2013, the Plaintiff and the Defendants entered into a contract with the Plaintiff on May 2013, under which the Plaintiff entered into a contract with the Defendants for the construction of a new construction of an export ship, a low temperature storage shop, and a warehouse and a workplace.
(hereinafter referred to as the “instant contract”). The contract made at the time of the preparation of the instant contract is written in the form of KRW 30,485,00 (excluding value-added tax) and the construction cost for storage and workplace construction works, in the form of KRW 17,05,00 (excluding value-added tax).
Meanwhile, at the time of the instant contract, the Plaintiff and the Defendants agreed to pay KRW 20,000,000, out of the construction cost of the construction work, as the government subsidies paid in Gyeonggi-do.
B. The Defendants completed construction work around September 2013 in accordance with the instant contract. However, the Defendants, on the ground that they did not obtain a construction permit from the competent authority in advance, dismissed the low temperature storage, warehouse and workplace, and re-built it and completed construction work around March 2014.
C. The Plaintiff agreed with the Defendants that the Plaintiff bear KRW 8,00,000, out of the additional costs that were incurred in re-construction after demolishing the said low temperature storage, warehouse, and workplace.
The Plaintiff’s account in the name of Defendant B was KRW 10,00,000,000 on June 4, 2013; and
9. 16. 8,00,000 won, 5,000,000 won on January 10, 2014, 24. 940,000 won on February 6, 2014, and 8,00,000 won on February 6, 2014
E. On August 5, 2013, Defendant B received KRW 20,000,00 from G, which the Plaintiff deposited in the account in the name of Kimpo-si, the FF Chairperson, Kimpo-si.