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Reasons
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(영문) 제주지방법원 2018.10.25 2017가합11304
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Co., Ltd. (hereinafter “C”) on November 17, 2015, the Plaintiff entered into a contract for construction.

the Corporation (hereinafter referred to as the “instant Corporation”) shall carry out a new construction of the D Ground Hostel (hereinafter referred to as “instant construction”).

(1) The construction period was set at one percent per day from November 17, 2015 to November 30, 2016, and one percent per day from the penalty for delay (hereinafter “instant contract”).

A) The instant contract was concluded by E, a director in the company, and the amount of the instant contract’s construction cost is KRW 2.25 billion.2) The Defendant is the spouse of E and the fourth degree, who introduced E to the Plaintiff.

The Defendant signed the signature and seal of the Plaintiff of the original contractor and the subcontractor C at the end of the contract of this case by writing “Construction Guarantee B” at hand.

B. From November 18, 2015 to December 31, 2015, the Plaintiff paid KRW 1.84 billion to C, and KRW 80 million to E, respectively, on December 31, 2015. (2) The instant construction was suspended on May 7, 2017, and the Plaintiff sent to C proof of the purport to urge C to resume the instant construction on May 8, 2017, and to cancel the instant contract on May 19, 2017.

3) The height ratio of the instant construction project is 63.6%. [Grounds for recognition] There is no dispute, Gap evidence No. 1-8 (including the entire serial number, the appraisal result of appraiser F, the purport of the entire pleadings.

2. The gist of the Plaintiff’s assertion as to the cause of the claim is that the construction amount of the instant contract is KRW 2.4 billion, and the contract amount is KRW 2.25 billion, and the remainder KRW 150 million was paid to E.

The term "the construction work of this case" was KRW 1.52 billion (=2.4 billion x 63.6% x 63.6% ). The Plaintiff paid C the construction work of this case amounting to KRW 1.92 billion (= KRW 1.84 billion E 80 million).

C Therefore, 390 million won (=1.92 billion won - 1.52 billion won) is the Plaintiff’s unjust enrichment amounting to KRW 1.6 billion.

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