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(영문) 대전지방법원서산지원 2019.11.05 2019가단1574
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 9,39,562 as well as 6% per annum from December 1, 2018 to July 27, 2019.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1 through 5 (including additional numbers), the plaintiff awarded a subcontract to the defendant limited liability company C (hereinafter "the defendant company") upon receiving a contract for the repair work of the F Middle School Teachers. The defendant company re-subcontracted to G (hereinafter "G") during the above construction work. The plaintiff paid the construction work price to the defendant company, but the defendant company did not pay the construction price to G, thereby collecting the claim against the plaintiff for this reason that G did not pay the construction price (52,00,000 won) from the ordering office, and on December 20, 2017, the ordering office deposited the above construction price and received dividends of KRW G34,39,562, 18,40,81, and the fact that the plaintiff and the defendant D were jointly liable to the plaintiff from 100 to 200,500 won, respectively.

According to the above facts of recognition, the plaintiff can be deemed to have paid 34,39,562 won paid in G as the construction price to the defendant company as unjust enrichment. Thus, the defendant company has a duty to return it as unjust enrichment and the remaining Defendants have the duty to return it. Thus, the defendants are jointly and severally liable to pay to the plaintiff 9,399,562 won after deducting 25,000 won repaid by the defendant company among the above money (=34,399,562 won - 25,000,000 won) and as requested by the plaintiff, 6% per annum as prescribed by the Commercial Act from December 1, 2018 to July 27, 2019, the date of final delivery of the copy of the complaint in this case, and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

2. Conclusion.

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