부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (i) the summary of the Plaintiff’s assertion agreed to pay KRW 480 million to the Defendant by June 2004 under the instant investment agreement, and the completion of the instant new construction project was delayed due to delay in construction permission and termination, etc., and the Plaintiff and the Defendant agreed to additionally pay KRW 5 million to the Defendant for overdue interest by deeming that there was no negligence on the Plaintiff with respect to delay in construction.
Therefore, the amount that the Plaintiff is liable to pay to the Defendant is KRW 485 million. The Plaintiff, in addition to the above amount, reserved the final settlement at the Defendant’s request, and paid KRW 20 million in the name of construction cost and global income tax reserve. However, there was no fact that the Defendant paid the above additional amount. Thus, the Defendant, as a return of unjust enrichment, should pay the Plaintiff KRW 20 million.
The summary of the Defendant’s argument was paid KRW 1,00,000,000,000, which was paid additionally by the Plaintiff to Nonparty G who dealt with the overall administrative affairs while carrying out the new construction project of this case, and the KRW 14,00,00,000,00 paid on April 4, 2005 agreed to additionally pay the amount of KRW 20,000 as compensation for damages for delay in the new construction project of this case and paid part of the said amount. 5,00,00,000,000, which was paid on August 10, 2005, was paid as income tax to be paid at the Plaintiff’s request because the Defendant became a joint proprietor of the new construction project of this case. Thus, the Plaintiff’s claim is unjust.
B. We examine the judgment in the initial investment agreement of this case. The plaintiff agreed to pay 480 million won to the defendant in the initial investment agreement of this case.