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(영문) 인천지방법원 부천지원 2017.02.10 2016가단11457
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff asserts that the plaintiff is obligated to return KRW 60,000,000 to the plaintiff's unjust enrichment on the ground that he did not receive the construction cost under the above subcontract since he did not receive the payment of KRW 60,000,000 on the ground that he did not receive the construction cost under the above subcontract since he did not receive the payment due to the suspension of construction work by D, and the plaintiff suffered a loss equivalent to the same amount, and thus, the defendant was obligated to return the amount of KRW 60,000,000 from unjust enrichment.

(1) In order for the Plaintiff to pay 60,000,000 won to the Defendant, the Plaintiff entered into a subcontract agreement with the Defendant on January 4, 2017, and subsequently changed the cause of the claim on January 4, 2017. In addition, the Plaintiff concluded a subcontract agreement with the Defendant to pay the increased amount of money to the Defendant. The Plaintiff entered into the subcontract agreement with the Defendant on the ground that the Plaintiff did not pay the increased amount of money to the Defendant. The Plaintiff paid KRW 60,00,000,000, which was increased by the actual safety system of the Plaintiff Company and the initial construction cost. The Plaintiff paid KRW 60,000,000 after the conclusion of the subcontract agreement to the Defendant, as alleged by the Plaintiff, did not have any dispute between the parties. Thus, the Plaintiff cannot be deemed to have received KRW 60,000,000 in accordance with the agreement.

Furthermore, the evidence submitted by the Plaintiff alone is presented by the Defendant as alleged by the Plaintiff.

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