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The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:
The defendant.
Reasons
The reasons for this court’s acceptance of the judgment of the first instance is that the plaintiff extended the purport of the claim by filing an incidental appeal in this court.
1. Recognizing the facts of the basis.
The evidence A No. 14 is added to paragraphs 1 and 14;
3. Determination
In addition to the appeal as follows, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance.
Additional and height parts [Supplementary Parts]
H. Based on the instant payment order, the Defendant collected KRW 20,60,800 from J on March 8, 2019, the amount claimed on February 18, 2019 as KRW 50,60,80, and received a collection order for the Plaintiff’s claims, such as the deposit, etc. against the Plaintiff Company I and J Co., Ltd (Seoul District Court Decision 2019Tpool 10615), and the Defendant collected KRW 20,60,800 from J on March 8, 2019 based on the said seizure and collection order.
[Attachment]
C. If the Defendant’s obligation to return unjust enrichment, the Plaintiff’s unpaid construction payment to the Defendant is KRW 95,00,00 (i.e., KRW 247,940,00 for the instant construction payment - KRW 38,000 for the Defendant’s person who was paid the instant construction payment - KRW 114,912,00 for the equipment cost directly paid by F), and the Defendant collected KRW 167,385,510 for the Defendant’s exceeding KRW 187,986,310 for the Defendant’s total of KRW 187,958,310 for the return of unjust enrichment as seen earlier, and thus, the Defendant is obligated to pay the Plaintiff a sum of KRW 187,98,986,310 for the Plaintiff’s return of unjust enrichment (= KRW 187,986,310,95,00 for the equipment cost - KRW 95,000).
Therefore, with respect to KRW 92,957,510 and KRW 72,357,510 claimed by the Plaintiff from the first instance court due to the return of unjust enrichment and KRW 72,357,510, the Defendant shall serve as the incidental complaint of this case with respect to the damages for delay calculated at the rate of 12% per annum from October 23, 2019 to the day of complete payment, which is the day following the delivery date of the copy of the application for the alteration of the purport of the claim and the cause of the claim, and from October 23, 2019 to the day of complete payment.