부당이득 반환 청구 등의 소
1. Of the damages claims in lieu of defect repair in the judgment of the court of first instance, payment is additionally made in Paragraph 2 below.
1. The first instance court, within the scope of the judgment of this court, accepted the Plaintiff’s claim for the return of unjust enrichment equivalent to the collection amount, and partly accepted the claim for the return of unjust enrichment in lieu of defect repair, and the claim for return of unjust enrichment due to the substitute payment of loan interest, and dismissed the claim for compensation for delay and the claim for return of unjust enrichment as to the subparagraph of the instant building
On the other hand, the Plaintiff appealed only part of the claim for damages in lieu of partial dismissed defect repair and the claim for the return of unjust enrichment on the L of the instant building, and extended the purport of the claim for return of unjust enrichment on L of the instant building. The Defendant filed an incidental appeal on the part of the claim for damages in lieu of defect repair and the part of the claim for return of unjust enrichment on the part of the partially accepted claim for return
Therefore, the subject of the judgment in this Court is part of the claim for damages in lieu of defect repair (within the scope of appeal filed by the plaintiff and filed by the defendant), the claim for restitution of unjust enrichment (including expanded claims), and the claim for restitution of unjust enrichment due to the repayment of loan interest.
2. Basic facts
A. On December 10, 2012, the Plaintiff entered into a construction contract with the Defendant to enter into the instant contract for new construction works (hereinafter “instant contract”). Accordingly, the Defendant entered into the instant building (hereinafter “instant building”). The main contents are as follows.
(1) The name of the project: The construction site of the new construction project of the Jeju-si Jeju-si. (2) The construction site of the project: Jeju-si and E: the date of commencement: March 31, 2012: the expected date of completion of the project: March 31, 2013 (the period may be extended by one month at the request of the contractor, considering weather, etc.).
B. On May 19, 2014, the Plaintiff filed an application for approval for use of the instant building with the head of Incheon City Mayor for the completion of the construction and approval for use of the instant building, and on May 22, 2014.