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(영문) 서울고등법원 2014.11.19 2013나2020340
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasons why the court should explain by the court of first instance for the acceptance of the judgment are as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added a new judgment to this court, and thus, this shall be cited pursuant to the main sentence of Article 420

2. Additional determination

A. The Plaintiff’s assertion, even if each of the contracts of this case was practically executed, since the construction cost that the Plaintiff paid to the Defendants each month was excessive compared to the amount actually executed by the Defendants, the Defendants should return the amount equivalent to the amount claimed to the Plaintiff as unjust enrichment.

B. The following circumstances cited in the reasoning of the judgment of the court of first instance, cited by this judgment, comprehensively based on the overall purport of the arguments adopted in the reasoning of the judgment of the court of first instance, namely, the Defendants calculated a public demand in the work instruction stating the amount of work performed every day at around 17:00 each day and reported it to the Plaintiff via the confirmation of K and the site director I, etc., who is an employee of the Plaintiff. On the end of each month, considering that the amount of work performed on the ground plan and work instruction were calculated and the amount work on the ground plan were submitted to the Plaintiff with the form of a light pen, etc., when submitting the above ground plan and work instruction to the Plaintiff, the Plaintiff prepared a detailed statement of the nature of the work, and received the payment of the work instruction, the evidence submitted by the Plaintiff, including the items of evidence No. 31

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's appeal against the defendants is dismissed since all of the appeals are without merit.

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