1. The defendant's executive force against the plaintiff in Busan District Court Decision 2014 Ghana8598 on the return of unjust enrichment against the plaintiff.

1. On April 2, 2014, the Defendant filed a lawsuit against the Plaintiff for the return of unjust enrichment amounting to KRW 9,321,780, which stated that “the Plaintiff received an excessive claim, double claim, repair cost, and return of goods, which the Plaintiff received from the Defendant, shall return unjust enrichment amounting to KRW 9,321,780, including the cost of return,” and “the Defendant (A) shall pay to the Plaintiff (B) the amount of money calculated at the rate of KRW 9,321,780 per annum and 20% per annum from the day following the delivery of the copy of the complaint of this case to the day of full payment.” The fact that the decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) became final and conclusive on April 22, 2014 on the ground that the Plaintiff did not raise any dispute between the parties concerned, or that the entire purport of pleading and pleading can be acknowledged by comprehensively taking into account the purport of subparagraph 1.

2. The parties' assertion

A. The representative of C, who claimed by the Plaintiff, paid the stone price and stone construction cost, is not the Plaintiff’s husband D, and the Defendant cannot file a claim for return of unjust enrichment, etc. against the Plaintiff, who is not the party to the transaction.

In addition, the defendant's claim such as return of unjust enrichment is without merit.

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

B. On March 6, 2013, the Defendant asserted that Nonparty E was awarded a contract for the part of tin works among the artificial complex construction sites in which the Defendant contracted and contracted to Nonparty E, and Party E was supplied with stone required for tin works.

The defendant requested the plaintiff to pay the stone price, etc. directly from E, and transferred the stone price, etc. to the plaintiff according to the amount requested by the plaintiff.

At the time, the stone price claimed by the Plaintiff to the Defendant was the total of KRW 100,489,180.

Accordingly, the defendant believe that the plaintiff's claim is true and 114,280,000 won in total, including 103,830,000 won in total, to E, and to the plaintiff.