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(영문) 서울남부지방법원 2017.04.18 2016가단30429
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In 2015, the Plaintiff was awarded a contract for the instant construction work (hereinafter “instant construction work”).

B. From April 2015 to December 12, 2015, the Plaintiff transferred each of the money claimed to the Defendants as the construction work cost of the instant case.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 2, purport of whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Although the Defendants did not provide the Plaintiff with labor at the construction site of this case, they received the money stated in the purport of the claim as labor expenses, so the Defendants are obligated to return each of the said money to the Plaintiff as unjust enrichment. 2) The Defendants’ assertion that M, the director of the construction site of this case, was the money to receive the money stated in the claim from the Plaintiff, but was deposited into the Defendants’ account for convenience.

The Defendants paid the said money with the name of repayment, or lent the account in the name of the Defendants upon the M’s request, on the grounds that there was a claim for labor expenses, etc. against M, the complaint of the instant construction site.

Therefore, the money paid by the Plaintiff to the account in the name of the Defendants does not constitute unjust enrichment.

B. Determination 1) A: (a) He subcontracted construction of 1, 2, 1, 2, 1, 1, 2, 1, 2, 1, 1, 2, 1, 1, 2, 1, 1, 2, 1, 2, 1, 1, 1, 2, 2, 1, 2, 2, 1, 1 of A (including each number in the case of 1, 2, 1) to the witness’s testimony; and (a) The construction of 1, 2, 2, 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1

B) M is several construction companies including the Plaintiff (hereinafter “Plaintiff, etc.”)

The construction of M is subcontracted for each construction site in the name of the plaintiff, etc., and the construction of M is completed on the account of M.

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