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Reasons
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(영문) 대구지방법원 2017.04.07 2015가단22363
공사대금반환등
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1. The Defendant (Counterclaim Plaintiff) paid KRW 61,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 27, 2016 to April 7, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff awarded a contract to the Defendant for remodeling construction of each building listed in the separate sheet with the following content:

No. 1: The contract date for the building up to October 14, 2014; the construction cost of KRW 52 million; the construction period from October 14, 2014 to November 20, 2014: The contract date: December 14, 2014; the construction cost of KRW 60 million; the construction period of KRW 30 million from December 14, 2014 to January 20, 2015: the contract date; the construction period of KRW 25 million from February 13, 2015; the construction cost of KRW 25 million from February 13, 2015 to March 15, 2015: the contract date; the construction cost of KRW 30,000 from February 13, 2015 to December 13, 2015; and the construction cost of KRW 30,300,000;

The Plaintiff paid the Defendant the sum of KRW 240 million as the construction price as above.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, 8, 9, 10

2. Main elements;

A. The claim for return of unjust enrichment 1) The plaintiff asserts that the amount of 50 million won paid in excess of the contract amount among the construction works related to the building No. 1, and 2 million won paid in excess of the contract amount among the construction works related to the building No. 2, and 15 million won paid in excess of the contract amount due to the construction work during the construction of the building No. 4, and the unpaid construction cost of 71.5 million won out of the total construction cost related to the building No. 3, 72 million won, and the unpaid construction cost of the building No. 3, and the return of unjust enrichment of 71.5 million won. The defendant asserts that the above construction work and additional construction work of the building No. 1 (23,00,000 won for the reconstruction work of the building No. 1, and 5,000,000 won for the construction work of the building No. 30,000 won for the reconstruction work, which has not been completed by the defendant, as well as 2.6 million won.

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