이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff actually performed the construction work related to electricity ordered by Gyeongdong Power Co., Ltd., a main contractor, Switzerland Co., Ltd., ENG, YNG, YNG, New Mine Power Co., Ltd., and Thai Power Co., Ltd., Ltd. (hereinafter “the Deceased”).
(2) The deceased received the construction cost from the above original contractor. (2) The deceased paid 39,680,000 won, which is part of the 61,522,526 won, to the plaintiff who actually performed the construction work even after receiving the construction cost from the original contractor. The defendant obtained benefits without any legal cause, and thus the defendant should pay the plaintiff the unjust enrichment of 39,680,000 won and damages for delay.
B. In accordance with the statement in Gap evidence No. 1, the fact that the amount of KRW 8,180,000 was transferred from the deposit account in the name of the defendant in the name of the defendant in December 2013, 200, KRW 500,000 on January 22, 2014, KRW 30,000 on February 5, 2014, and KRW 1,000,000 on February 21, 2014, KRW 39,680,000 on February 21, 2014 is recognized.
However, it is not sufficient to recognize that the deceased paid the construction cost to the plaintiff solely based on the fact-finding and fact-finding conducted above, and that the defendant gains unjust profits without any legal cause, and there is no other evidence to acknowledge this otherwise.
Therefore, it is difficult to accept the Plaintiff’s above claim.
2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.