logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2017.11.01 2017나10617
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to the primary cause of claim, the Plaintiff asserts that the instant agreement between the Plaintiff and the Defendant on November 20, 2013, which was concluded between the Plaintiff and the Defendant, is not included in the instant fee, and that the Defendant should return the instant fee received from the Plaintiff to the Plaintiff as unjust enrichment.

However, on November 14, 2013, prior to the conclusion of the instant agreement, if the purport of the entire pleadings is added to the evidence Nos. 4, 2, 3, and 4, the Defendant sent the implementation plan for the project cost according to the instant construction project to the Plaintiff on November 14, 2013, which included 8% of the project cost equivalent to the instant fees in addition to the design cost and the construction cost. Accordingly, on November 18, 2013, the Plaintiff requested the Defendant to submit the grounds that the instant fees are included in the said implementation plan, and the Defendant sent the “plan to collect fees” established as of July 23, 2013 to the Plaintiff as the electronic mail, the Defendant notified the Plaintiff of the implementation plan for the construction cost and the incidental expenses, including personnel expenses, as well as the remaining expenses actually paid by the Defendant for the construction cost and the incidental expenses, as well as the amount of the construction cost to be paid by the Defendant under Article 16(1) of the instant agreement.

arrow