(영문) 대구지방법원 2016.02.04 2015가합201415

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(영문) 대구지방법원 2016.02.04 2015가합201415

부당이득반환 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 16, 2005, the Plaintiff entered into a contract with the Defendant for the removal work and waste transport work in the instant project site by setting the price of KRW 241,50,000 with the Defendant as KRW 241,50,000, after receiving a contract for the removal work, etc., of the newly constructed project site of the Daegu Suwon-gu and 44 lots of multi-family housing (hereinafter “the instant project site”). According to the above contract, the Plaintiff paid the Defendant 30% of the construction cost at the time of the commencement of the removal work, 30% of the construction cost at the time of the commencement of the construction work, and 40% of the completion of the construction work at the time of the completion of the construction work, respectively.

B. The Defendant commenced the removal work in accordance with the instant construction contract, installed EGI fences around the instant project site, and performed the removal work. The Plaintiff was not paid KRW 72,450,000, which is 30% of the construction cost at the time of the commencement of the removal work in this case. The Plaintiff was paid KRW 10 million on February 17, 2006, KRW 10 million on July 3, 2006, KRW 10 million on July 3, 2006, KRW 10 million on July 31, 2006, KRW 30 million on December 29, 2006, KRW 30 million on August 31, 2007, and KRW 350,65 million on September 4, 2007.

C. On November 28, 2008 and February 3, 2009, the Defendant: (a) set the unpaid construction cost at KRW 41,050,00,000 for the removal of the instant case at KRW 41,050; (b) sent the Plaintiff a written claim for the removal of the instant removal works prepared on October 30, 2007; (c) exercised the lien by occupying the outstanding amount of the instant removal works as the secured claim at the site of the instant project; and (d) sent a certificate of the content that the Defendant occupied the instant project site as the lien holder to the non-party Korea Asset Trust Co., Ltd., a trustee for the instant project site.

After that, on April 16, 2009, the Plaintiff and the Defendant drafted a written agreement with the following contents:

hereinafter referred to as "the previous case."

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