(영문) 전주지방법원 2017.10.20 2017가단3415

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2017.10.20 2017가단3415

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with C and Jeonbuk-gun with respect to interior works for housing units D, as the construction cost of KRW 85 million, and deposited the construction cost of KRW 98 million, including the additional construction cost, into the Defendant’s account, who is a parent of C.

B. C completed the construction but there was a defect, and C presented an estimate of KRW 58.6 million for the repair cost of the defect repair.

Accordingly, the Plaintiff and the Plaintiff’s wife E (the nominal owner of a house) filed a lawsuit against C seeking repair of defects at the Jeonju District Court 2015Kadan35432, and on March 22, 2016, the Jeonju District Court sentenced C to the Plaintiff and E to pay each of the KRW 29.3 million and the damages for delay.

[Ground of recognition] Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence No. 2, the purport of the whole pleadings

2. Assertion and determination

A. There is no legal relationship between the Plaintiff’s assertion and the Defendant.

Therefore, the money deposited by the Plaintiff to the Defendant’s account constitutes unjust enrichment obtained by the Defendant without any legal ground.

Therefore, the defendant is obligated to return KRW 59.6 million to the plaintiff among the above money that C shall pay to the plaintiff.

B. In full view of the following circumstances in the above facts of recognition, the Plaintiff and C concluded a contract for the Housing Repair Work and deposited the construction cost into the account in the name of the Defendant designated by C, the Plaintiff also remitted the construction cost to the Defendant’s account with the intent to pay the construction cost to C; it is reasonable to deem that the payment method was made in accordance with the agreement between the Plaintiff and C on the payment method of the construction cost; and C was completed in accordance with the construction contract and is merely liable to compensate for any defects that occurred, the Defendant cannot be deemed to have acquired the money deposited in its account without any legal cause.

Therefore, the plaintiff's above assertion is without merit.

3. Conclusion.

유사 판례

-서울중앙지방법원 2016.07.22 2015나70678

-전주지방법원군산지원 2015.09.04 2014가단7747

-춘천지방법원 2016.11.24 2016가단861

-광주지방법원 2020.04.01 2019나59607

-의정부지방법원 2019.07.05 2018가단130886