부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 345,428,650 as well as KRW 20% per annum from September 28, 2013 to the date of full payment.
1. Indication of claim;
A. B Co., Ltd. (hereinafter “B”) is an executor of the new construction of an apartment that is in progress in Pyeongtaek-gun C, Gyeonggi-do (hereinafter “instant new construction”) and a three comprehensive mining construction company (hereinafter “three comprehensive mining construction company”) is the contractor of the said project.
The defendant is the representative director of the above B.
B. Around March 7, 2013, Sejong Comprehensive Mining Co., Ltd. (hereinafter “Seoul Housing Development”) entered into a subcontract with respect to the instant new construction project, which was concluded in relation to the Kudsan Housing Development Co., Ltd. (hereinafter “Seoul Housing Development”), but around May 2, 2013, the subcontract was terminated with the said Sodsan Housing Development and entered into a new subcontract with the Plaintiff.
C. At the time of concluding the instant subcontract, the Plaintiff is liable to pay the Plaintiff labor cost for three months to the Plaintiff for the smooth progress of the new construction work in the future between B, C and C, and three parties, and separately agreed to pay the Plaintiff the subcontract price corresponding to the part to be executed by the Plaintiff, the subcontractor, as the subcontractor, to the Plaintiff.
On June 27, 2013, the Plaintiff received 841,724,650 won (345,248,650 won) from Korea Trust Co., Ltd., which was entrusted with the management and enforcement of funds from B in relation to the instant new construction project, as the Plaintiff’s bank account.
E. However, the Defendant, with the Plaintiff’s passbook and seal affixed to the above national bank, withdrawn in full the above KRW 841,724,650, and refused to return it to the Plaintiff.
F. Therefore, the Defendant is obligated to pay to the Plaintiff the labor cost of KRW 345,428,650 for the said three-month period and damages for delay calculated at the rate of 20% per annum from September 28, 2013 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.
2. Provisions of the Civil Procedure Act;