부당이득금
1. The plaintiff (Counterclaim defendant) is jointly and severally liable to the defendant (Counterclaim plaintiff) for KRW 38,356,00 and its amount from September 8, 2016.
1. The following facts can be acknowledged in full view of the following facts: Gap evidence 5, Gap evidence 6, Eul evidence 3, Eul evidence 4, and Eul's testimony and the whole purport of the pleadings.
On December 2014, the Plaintiffs awarded a contract to the Defendant for the construction of 20 lots, including E- 1015 square meters of forest land, owned by the Plaintiffs (hereinafter “instant land”) as a factory site, and accordingly, the Defendant carried out the construction by inserting equipment and human resources.
B. On July 5, 2015, there was a dispute between the Plaintiffs and the Defendant as a matter of payment of the construction cost, the Plaintiffs drafted a contract agreement stating that the Defendant would pay KRW 313,837,519 as the construction cost of the instant land by July 10, 2015.
C. On August 4, 2015, the Defendant and his spouse, filed a lawsuit against the Plaintiffs, G, and H (Plaintiffs, G, and H were their partners) claiming the construction cost of the instant land in Seosan branch of the Daejeon District Court.
(Defendant 354,044,255 won, F 80,226,069) D.
On November 18, 2015, the Plaintiffs paid KRW 315,953,767 to the Defendant on November 18, 2015 during the proceeding, and agreed to pay KRW 315,953,767 to the Defendant for the payment of KRW 315,95,00 to the Defendant on the day when the remaining construction works are completed by combining the three construction works (hereinafter referred to as “marine construction works”), the amount of KRW 100,000 to the Defendant on the day when the down payment is paid, and the remaining KRW 80,000,000 is to be paid by June 30, 2016 (hereinafter referred to as “instant agreement”).
E. According to the instant agreement, the increase or decrease in the construction price of KRW 50 million was caused by the increase or decrease. The Plaintiffs already paid the Defendant the down payment of KRW 5 million of the said construction price, and paid KRW 20 million of the remainder of the construction price on November 18, 2015 (the down payment seems to be the down payment).
(The Defendant paid the above KRW 20 million to I who subcontracted the construction of the lane for the increase or decrease. On the other hand, the Plaintiffs on November 18, 2015.