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(영문) 서울서부지방법원 2016.10.14 2015가단240983
부당이득 반환 등 청구의 소
Text

1. The Defendants jointly share KRW 104,342,119 against the Plaintiff and Defendant B with respect thereto from January 6, 2016, and Defendant C with respect to the Plaintiff on January 6, 2016.

Reasons

On March 12, 2015, the Plaintiff entered into a contract with the Defendants for the construction cost of KRW 350,000,000,000 for the construction cost of the new construction of the Gyeonggi-gun D detached Housing; the Plaintiff paid the Defendant B a sum of KRW 260,00,000 as the construction cost until July 13, 2015, including the payment of KRW 100,000,000 on the date of the contract; the Plaintiff and the Defendants agreed that the remaining construction work was directly executed by the Plaintiff on July 14, 2015; and the Defendants returned KRW 22,00,000 among the construction cost, there is no dispute between the parties.

As seen earlier, the Defendants decided to complete the new construction of a detached house in KRW 350,00,00,000, and comprehensively taking account of the purport of the entire pleadings, the above construction cost was calculated based on the account statement of KRW 2,00,000. Therefore, the construction cost, excluding the amount calculated according to the said account statement, among the construction cost received by the Defendants, shall be returned as it was received without any legal cause

The Defendants asserted to the effect that all of the money, other than KRW 22,00,00, which was returned to the Plaintiff, was used by the Corporation. However, each of the entries in Section 1, 3, 4, 5, 7, 9, 10, 11-1 through 4, and Section 12 is insufficient to recognize it, and even if the expenses were actually paid in excess of the amount according to the cost statement, the Defendants cannot seek payment from the Plaintiff exceeding the agreed amount, and there is no evidence to acknowledge that there was any other agreement.

Comprehensively taking account of the purport of the entire arguments in the statements in Gap 2, 6, 8, 9, 10, 11-1 and 3, the defendants completed the common provisional construction, temporary construction, basic construction, and reinforced concrete construction among the whole civil construction and construction works, and the proceeds set in the statement of cost accounting for construction works are KRW 134,739,90 in total, KRW 26,57,00 in total, KRW 9,724,00 in common permanent construction work, KRW 11,189,90 in temporary construction work, KRW 1,980,00 in basic construction work, KRW 0 in total, and KRW 9,724,00 in common permanent construction work.

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