1. The Defendant shall pay to the Plaintiff KRW 34,487,915 and the interest rate of KRW 15% per annum from August 24, 2017 to the date of full payment.

Facts of recognition

F Co., Ltd. (hereinafter “F”) subcontracted to the Kimpo H Construction Corporation (hereinafter “instant construction”) from G Co., Ltd. (hereinafter “G”).

On September 23, 2016, the Plaintiff entered into a construction materials lease agreement with F, and supplied construction materials at the construction site of this case from that time.

F Around November 2016, F discontinued the instant construction work due to the default on payment, and the Plaintiff was notified that the Plaintiff would recover construction materials supplied by the Plaintiff to G after termination of the lease agreement with F.

On December 19, 2016, the Defendant entered into a subcontract with F to the instant construction site and accepted the said construction site.

From January 20, 2017 to July 26, 2017, the Defendant returned the Plaintiff’s construction materials at the construction site of this case to the Plaintiff.

(Reasons for Recognition) Facts without dispute, entries in Gap evidence 1, 6, and 7 (including each number), the purport of the whole pleadings.

Since the plaintiff defendant acquired the construction site of this case and used the plaintiff's construction materials without immediately returning them, he shall refund the plaintiff's profits equivalent to the rent for the period of use.

Defendant did not enter into a contract for the lease of construction materials with the Plaintiff, and did not gain profit by using the Plaintiff’s construction materials, thus the Plaintiff’s claim is unreasonable.

Judgment

Whether the Defendant used the Plaintiff’s construction materials, the Plaintiff sought a return of unjust enrichment from the use of the Plaintiff’s construction materials against the Defendant, which is irrelevant to whether the Plaintiff and the Defendant concluded a lease agreement.

Meanwhile, if the Defendant used the Plaintiff’s construction materials without concluding a lease contract with the Plaintiff, it can be deemed that the Defendant obtained a benefit equivalent to the rent of construction materials without any legal ground, and thus, the Defendant should return it to the Plaintiff with unjust enrichment.