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1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.
The defendant.
Reasons
1. Basic facts
A. On December 30, 201, the Plaintiff was awarded a contract for the restoration work in the valley area with the construction cost of KRW 250,022,00 (hereinafter “pre-revision contract price”) from the Sejong-do around December 30, 201, and the construction cost was finally changed to KRW 281,49,000 due to changes in the construction content.
B. On February 29, 2012, the Defendant was awarded a subcontract for part of the flood disaster restoration work (hereinafter “instant subcontract”) from the Plaintiff (hereinafter “instant subcontract”), and the amount of KRW 158,580,000,000, excluding value-added tax and four major premiums, was paid as the construction cost.
(C) Facts having no dispute, entries in Gap evidence 1, 12, and 14, the purport of the whole pleadings and arguments)
2. Determination on a claim for return of unjust enrichment
A. The Plaintiff’s assertion 1) As indicated in the Plaintiff’s assertion, the sum of the actual construction cost and the cost borne by the Defendant on behalf of the Defendant in connection with the instant construction project exceeds the aggregate of the construction cost to be paid by the Defendant from the Plaintiff. As such, the Defendant is obligated to return the above excess amount to the Plaintiff in unjust enrichment. See Table 1] The Defendant is obligated to return the Plaintiff the additional construction cost of KRW 158,580,00 for the basic construction cost of KRW 20,889,281,00 for the basic construction cost of KRW 153,684,01,00 for the Defendant’s advance payment of KRW 34,11,566 for the Plaintiff’s advance payment of KRW 34,90 for the construction project in question, KRW 179,469, KRW 187,579, KRW 281,579, KRW 286 for the construction project in question, as indicated in the Plaintiff’s argument, and the Defendant’s actual construction cost payment of KRW 215.
[Attachment 2] The Plaintiff’s statement of accounts following the Defendant’s assertion.