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(영문) 인천지방법원 2017.04.05 2015가단215372

부당이득금

Text

1. As to the Plaintiff KRW 9,050,00 and KRW 700,00 among them, the Defendant shall pay to the Plaintiff KRW 9,050,00 from October 1, 2013, and KRW 7,00,000.

Reasons

1. Basic facts

A. On October 21, 2009, the Plaintiff awarded a contract for the construction of two 16 households (C; hereinafter “instant building”) to the Defendant, a company engaged in the housing construction business, etc., which newly constructed two 16 dong units (hereinafter “instant construction”).

B. After completing the instant construction, the Defendant obtained approval for the use of the instant building on September 10, 2010, and completed registration of ownership preservation on the instant building in the name of the Defendant around December 2010 pursuant to an agreement that the owner and the owner of the instant building shall be the Defendant.

C. In the process of performing the instant construction, the Defendant had Limited Company D (hereinafter “D”) perform landscaping construction works, and paid KRW 34,000,000 to D on May 11, 2010.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2, 4, Eul evidence Nos. 6-2, Eul evidence Nos. 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) As shown below, the defendant is obligated to pay to the plaintiff 52,453,200 won in total, including the payment of landscaping construction cost, the rent for office of sale (the interior facility use fee), the payment for windows repair cost, the payment for gas rental fee, and the payment for equipment rental fee, and the delay compensation therefor. ① The plaintiff 31,00,000 won in substitute payment for landscaping construction work (the 6,370,000 won in substitute payment for landscaping construction work) around October 209, and the 54,540,000 won in payment for landscaping construction work of this case from D around March 201 (the 54,540,000 won in total) and the 54,540,000 won in payment from D around November 29, 2009, the 6,000,000 won in aggregate (the 6,000,000 won in total).

The above landscape architecture construction cost is the money that the defendant pays to D, which is paid by the plaintiff on behalf of the defendant.

Therefore, the defendant is obligated to pay the plaintiff the above landscaped construction cost of KRW 31,000,000 with unjust enrichment and delay damages.

(2) Sales offices;