부당이득금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. The parties' assertion
A. At the request of the non-party company, the Plaintiff, who is an affiliate of the Estegyke Games Co., Ltd. (hereinafter “the non-party company”), paid KRW 226,00,000 to the Defendant, who worked for the non-party company at the request of the non-party company, for nine times from February 24, 2012 to June 2, 2014 (hereinafter “the instant construction”).
However, since only 208,417,00 won out of the above provisional payment was used as costs related to the instant construction project, the Defendant is obligated to pay the remainder of 17,583,000 won to the Plaintiff for the settlement of provisional payment or return of unjust enrichment.
B. The Defendant’s assertion that the Defendant’s provisional payment of KRW 17,583,00 as claimed by the Plaintiff exceeds KRW 17,50,00,00 for personnel expenses paid to B who worked as a human father at the construction site of this case, ② personnel expenses of KRW 10,00,000 for C paid to C at the site of the construction site of this case, ③ personnel expenses of KRW 1,850,00 for personnel expenses paid to E at the site of the D Manpower Office that provided human resources, etc. at the construction site of this case; ④ material expenses of KRW 7,00,000 for materials paid to F who supplied materials at the construction site of this case, and each of the above expenses (hereinafter in order of each of the above expenses exceeds KRW 17,583,00 for the above expenses). Thus, the Plaintiff’s claim cannot be complied with.
2. Determination
A. From February 24, 2012 to June 2, 2014, the Plaintiff paid KRW 226,00,000 in total to be used for personnel expenses, material costs, etc. related to the instant construction project to the Defendant, who worked in a non-party company for nine times from February 24, 2012 to June 2, 2014. The instant construction project actually performed by the new U.S. construction corporation, and the Defendant was in charge of the management of construction expenses of the Plaintiff or non-party company in relation to the instant construction project. The Defendant used KRW 208,417,00 out of the provisional payment as personnel expenses, material costs, etc. related to the instant construction project, and the balance of the provisional payment is 17,58