부당이득금반환
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion (i) the Defendant ordered the construction of a set of Da, E, and F, a hinterland city in relation to the designation of the general industrial complex at Port C, and demanded the Plaintiff to pay the said construction contract deposit amounting to KRW 50 million.
The Plaintiff paid to the Defendant the sum of KRW 50 million on January 10, 201, KRW 20 million, and KRW 30 million on January 13, 201.
Abstract Defendant did not have received construction from the port of entry itself.
x) Accordingly, the defendant acquired 50 million won from the plaintiff as a subcontract for construction, which constitutes a tort, or constitutes unjust enrichment with the plaintiff's money without any legal ground. Thus, the defendant must return the above money to the plaintiff.
B. (i) The fact that the Plaintiff did not receive any construction work from the Defendant or G until now does not dispute the fact that the Plaintiff did not receive any construction work from the Defendant or G, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant had obtained any fraudulent act in the receipt of the said money, and rather, according to each of the statements in the evidence Nos. 2 through 3 (including each number), the Defendant is only entitled to the execution of the reclamation work only by delivering the money to Nonparty H et al., and therefore, the claim for a tort is without merit.
The fact that the Plaintiff transferred KRW 50 million to the Defendant in the judgment on the claim for return of unjust enrichment was not disputed by the Defendant, but in full view of the purport of the entire pleadings in each of the evidence No. 2-1 through No. 3, the subcontractor asserted by the Plaintiff is a contract concluded between the I Co., Ltd. that the Plaintiff works as the representative director and the G Co., Ltd. that the Defendant works as the representative director, and that I delivers KRW 50 million to G. Thus, the Defendant individual is an individual.