부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Comprehensively taking account of the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1-1 to 9, the defendant was supplied with Saturdays shipped out from July 201 to September 201 through the plaintiff Eul, and the plaintiff, who was not paid earth and sand by Eul or the defendant, demanded the defendant to pay KRW 12 million to the defendant on September 11, 2014. The defendant agreed to pay KRW 2 million including the total price of KRW 2 million, the total cost of KRW 10 million, and the remainder of KRW 10 million,000,000,000,000,000,000 won, which was calculated on September 1, 2014 to the effect that "if the business problem is resolved, the defendant would pay to the plaintiff at the rate of KRW 15 million,000,000,000,000,0000,000 won, 10,001.
2. Judgment on the defendant's assertion
A. The defendant asserts that the claim of the plaintiff cannot be complied with since it completed the settlement by offsetting the brokerage commission fee and the above earth and sand obligation against C. However, as long as the defendant agreed to pay the plaintiff directly to the plaintiff, it cannot be accepted the defendant's argument that he bears the obligation only to C, and there is no evidence to acknowledge that the defendant has the claim against C, and therefore, the above argument by the defendant is without merit.
B. Next, the Defendant asserts that the Defendant’s obligation for the soil and sand price of this case was extinguished by the three-year extinctive prescription, but as seen earlier, the Defendant’s extinctive prescription of the said obligation upon the approval of the said obligation on September 11, 2014.