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1. The Defendant’s KRW 33,720,610 as well as 5% per annum from August 31, 2012 to November 20, 2014 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The plaintiff asserted that the plaintiff is operating a fishing vessel on the port side of a baselined vessel with the trade name of "C", and was operating a fishing vessel on December 3, 2010 with D, and was entrusted with the construction of a vessel on December 3, 2010 for the combined use of transportation and processing of a baselined vessel (hereinafter "the vessel of this case") to the defendant on December 3, 2010, and was fully paid the construction cost of this case from the above contract date to July 20, 2011. The delivery of the vessel of this case was completed on June 27, 2011. On June 2, 2011, the plaintiff added the amount of KRW 10 million to the defendant on June 20, 201, and accordingly, the plaintiff's employee was obligated to return the amount of KRW 100,000 to the plaintiff as unjust enrichment (including additional tax). Accordingly, the defendant asserts that the plaintiff was obligated to return the amount of KRW 100,0000.
As to this, the defendant requested design change since it was long time for the plaintiff to conclude the shipbuilding contract of this case, and accordingly, the defendant implemented the additional construction (hereinafter "the additional construction of this case"). The defendant asserts that the plaintiff's claim is unjust since the plaintiff paid the interest amount over July from June to July of 201 according to the defendant's request for settlement of expenses for the additional construction of this case.
B. In full view of the following circumstances, the Plaintiff may acknowledge the fact that the Plaintiff remitted the amount of key money, including KRW 100 million around June 2, 201, and KRW 10 million around July 20, 201, and KRW 10 million around July 20, 201, to the Defendant by mistake, based on the circumstance that the Defendant performed the instant additional construction work, it is difficult to reverse it. Thus, barring any special circumstance, the Defendant, barring any special circumstance, is 110,000,000, which is an issue of unjust enrichment, to the Plaintiff.