부당이득금
1. The Defendants jointly and severally committed against the Plaintiff KRW 90,000,000 and Defendant A Co., Ltd. with respect thereto from December 18, 2015.
According to the purport of Gap's evidence No. 1 (the authenticity of the document is presumed to have been established as a whole due to the lack of dispute on the part of the defendant's seal or signature) and the whole pleadings, the plaintiff and defendant A corporation agreed to pay to the plaintiff KRW 90,00,000,000 until January 30, 2015 and KRW 54 million until July 30, 2015, and KRW 36,000,000 until July 30, 2015, and the joint and several debt of defendant A corporation is recognized.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 90 million and damages for delay calculated by the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 30, 2016 to the date of full payment, following the day when the duplicate of the complaint of this case was served on the Plaintiff, and from December 18, 2015 to Defendant B, the damages for delay calculated from January 30, 2016 to the day of full payment.
As to this, the Defendants asserted that there is no money paid by the Plaintiff directly to the Defendants in relation to the payment of the construction cost, and thus, it cannot be recognized that the payment of the construction cost has been received. However, the Defendants’ assertion is not justified solely on the grounds alleged by the Defendants.
The plaintiff's claim of this case is justified.