부당이득금 반환
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 22,239,810 as well as the full payment on November 19, 2013.
1. Basic facts
A. On March 15, 2010, the Plaintiff subcontracted to the Defendant the installation work of 54 million won by the sn beamline of the Do Do Do Do among the improvement work of the 5th line of national highways (hereinafter “instant 1 construction”).
B. While carrying out the instant construction project, the Plaintiff paid KRW 16,974,910 on behalf of the Defendant for food, equipment, oil, earth and sand sales, and household facilities dismantling and transporting expenses to be paid to the customer.
C. On May 1, 2010, the Plaintiff subcontracted to the Defendant 59,445,100 won among the improvement works on the part of the national highways No. 5-line Triet Construction Works (hereinafter “instant No. 2”).
The Plaintiff paid KRW 5,279,00 on behalf of the Defendant to the Customer while carrying out the instant 2 construction project.
E. The Plaintiff paid to the Defendant KRW 13,431,00,000,000 to the Defendant, ② KRW 3,688,00 on June 30, 2010; ③ KRW 9,731,00 on July 14, 2010; ④ KRW 1,282,00 on July 30, 201, KRW 113,431,00 on the aggregate.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 43 (including each number, if any; hereinafter the same shall apply), Eul evidence 1 to 4, and the purport of the whole pleadings
2. According to the above facts finding as to the claim of this case, the defendant is obligated to pay the amount of KRW 22,253,910 (= KRW 16,974,910, KRW 5,279,00) to the business partner that the plaintiff borne by the defendant on behalf of the defendant (=the amount of KRW 59,45,100, KRW 54,000, KRW 22,239,810, which is the remainder after deducting the amount of KRW 59,45,100, KRW 54,000, KRW 113,431,00 from November 19, 2013 to the day of full payment) and the amount calculated at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of a copy of the complaint of this case.
In regard to this, the Defendant has already paid KRW 5,594,00 related to the first construction contract of this case, and KRW 5,279,00 related to the second construction contract of this case and KRW 5,279,00 related to the second construction contract of this case.