부당이득금 등
1. The Defendants: (a) KRW 1,000,000 per annum for each Plaintiff; and (b) 5% per annum from September 5, 2009 to February 4, 2015; and (c) 2015.
1. Occurrence of liability for damages;
A. (1) Around January 5, 2005, the Plaintiff entered into a subcontract with Canan case Co., Ltd. (hereinafter “Canan case”) with the content that the Plaintiff would accept a price of KRW 410 million,00,000,000 in the cost of the housing site creation work and the civil engineering work of the first floor underground among the new construction works of the family hotel in Can case where Can case was constructed on the 18-2 and two lots (hereinafter “instant construction site”).
On December 2004, the Plaintiff and Saman case agreed to include the contents of the fences construction installed at the construction site of this case (600, 400, 400, 2400, 200, 300, 300, 2,000, 2,000, 700, 200, 60, 60, 4m m2, 4m m m m m m m , 100, 130, 130) in the above construction contract.
(2) On September 29, 2005, the Plaintiff, after performing the construction work under the said subcontract, agreed on September 29, 2005, 365,725,000 won, excluding the remainder of the construction cost of KRW 40,00,000, and on December 31, 2005, the remainder of the construction work would be fully paid until December 31, 2005 in the event that it is impossible to carry out the construction work. The Plaintiff and the lessee (F company’s agreement is referred to as “G company” but this appears to be a clerical error in the “F company” (see evidence 10-1 and 2 of the evidence 10).
(3) Since then, the Plaintiff was unable to receive the balance of construction from trian case even though it was impossible for the Plaintiff to carry out the construction, and thus, was exercising the right of retention until September 5, 2009 as fences were installed at the construction site of this case.
(4) On the other hand, Defendant B, a secondhand goods business operator, intended to purchase fences installed at the construction site of this case from Defendant D in early September 2009, with the price of KRW 1 million. On September 5, 2009, Defendant B, a secondhand goods business operator, collected part of the fences, together with Defendant E, who is one’s wife, around September 5, 2009, and on the same day.