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(영문) 창원지방법원 2017.11.23 2017가단109901
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 74,044,915 and the interest rate of KRW 15% per annum from April 27, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff awarded a contract to the father B of the Defendant for metal and creative work among the new construction work in the Jinasi-si whose father was in the Jinsi-si-si.

On March 31, 2016, the Plaintiff entered into a new contract under the name of the Defendant at the request of the Defendant, and entered into a contract with the Defendant on July 14, 2016, setting the construction cost of KRW 190,410,00 for the said construction work as the construction cost, and the construction period as the construction period from April 15, 2015 to July 14, 2016.

(hereinafter referred to as “first construction contract”). (b)

On March 16, 2016, the Plaintiff entered into a contract with the Defendant, setting the construction cost of KRW 189,310,000 for metal and Changho Construction among the new construction works of the Changwon-si D Ground E-Shap Association dividends, and the construction period from March 16, 2016 to November 30, 2016.

(hereinafter referred to as “second construction contract”). (c)

The Plaintiff, against the Defendant, bears the obligation to pay the construction cost of KRW 1,120,00, G works KRW 220,000, KRW 200,00, and KRW 1,540,00 in total.

The Plaintiff paid KRW 213,91,449, and KRW 211,313,466, value-added tax 30 million, and KRW 455,304,915, upon the Defendant’s request that he would make a settlement of the construction cost, such as direct payment of personnel expenses, in advance.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, the Plaintiff paid the Defendant the total amount of KRW 381,260,000 ( KRW 190,410,000 for the second construction contract price of KRW 189,310,00 for the first construction contract price of KRW 190,410,00 for the second construction contract price of KRW 1,540,00 for the other automatic text payment) more than 45,304,915 won ( KRW 211,313,91,449 KRW 211,313,466,00 for the first construction contract price of KRW 30,00 for the other automatic text).

Therefore, the Defendant gains benefits without any legal cause, and thus, is obligated to pay to the Plaintiff unjust enrichment amounting to KRW 74,04,915 ( KRW 455,304,915 - KRW 381,260,000) and delay damages.

B. The defendant's assertion, the first and second construction contracts, respectively.

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