beta
Text
1. As to the Plaintiff KRW 4,172,584 and its KRW 1,925,00, the Defendant shall pay to the Plaintiff KRW 2,247,584 from December 14, 2018.
Reasons
1. Determination on the claim for return of unjust enrichment
A. On March 10, 2015, the Plaintiff determined the construction cost of KRW 1,408,00,000 and subcontracted the Defendant the C-Line Works among C-Line Maintenance Works (hereinafter collectively referred to as the “instant construction work”). Each of the construction works is “C-Line Works,” “D-Line Works” (hereinafter referred to as “D-L Works”).
The construction work cost for the next construction - C-Line advancement base - 100 meters - 241,960,000 Won - C-1 L-1 Line voltage 108 meters - C-2 Line advancement base - C-2 Line advancement base - 177 meters - C-2 Line pressure pressure pressure - installation (1 place) - D-2 Line advancement base (1 place) - D-Line pressure pressure 254m pressure pressure 254m3,589,500,002) specific as follows:
3) Around May 28, 2016, the Defendant suspended the instant construction work for the fourth minute of the instant construction work.
Accordingly, on June 21, 2016, the Plaintiff expressed his intent to terminate the instant construction contract to the Plaintiff, and directly executed it from August 2016.
[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 and 2, the purport of the whole pleadings
B. The Plaintiff’s assertion as to the cause of the claim was based on KRW 588,830,00 at the time when the Defendant discontinued the instant construction work, and the Plaintiff paid KRW 615,80,000 to the Defendant for the 4th portion of the construction cost. As such, the Defendant is obligated to return KRW 27,050,000 paid for the 27,050,000 to the Plaintiff.
(c)
Judgment
Comprehensively taking account of the following circumstances, evidence No. 21 and evidence No. 21, evidence No. 21 and evidence No. 2, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant’s work price of the fourth-minute construction work was KRW 588,830,000, and there is no other evidence to support that the work price of the fourth-minute construction work does not exceed KRW 615,80,000.