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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. On April 20, 2017, the Plaintiff asserted that the Defendant would be supplied with the household appliances from the Defendant, and paid KRW 11.8 million to the Defendant as the price for the household appliances.
However, in fact, the price of household appliances was KRW 9040,000,000,000 for household appliances, and KRW 1,774,00,00 for household appliances installation and material costs.
Since the defendant deceivings the plaintiff and let the plaintiff pay the price in excess by claiming for the repayment of the price, the defendant is obligated to pay 1,60,000 won and the damages for delay corresponding to the difference by returning unjust enrichment to the plaintiff.
2. Determination
A. According to the facts that there is no dispute between the parties, or the statements in Gap evidence 2 through 5, and Eul evidence 3, the plaintiff paid to the defendant on April 20, 2017 the price for home appliances to be installed in the plaintiff's studio building and the installation cost by credit card settlement, and the defendant supplied home appliances equivalent to KRW 90,040,000,000 to be installed in the plaintiff's studio building.
B. On the other hand, the following facts are acknowledged in full view of Gap evidence Nos. 2 through 6, Eul evidence Nos. 1, 2, and 3 and the purport of the whole pleadings.
1) On January 20, 2017, the Plaintiff entered into a contract for interior construction with C on the part of the Plaintiff’s studio building. The Plaintiff and C set the Plaintiff’s cost of household appliances to be installed in the Plaintiff’s studio at KRW 1,180,000,000,000, and the Plaintiff intended to pay the price by credit card. 2) C and the Defendant’s employees D agreed to supply “the Plaintiff’s studio building to be installed in the Plaintiff’s studio building” for KRW 9,40,000,000,000 to the Defendant, upon C’s request, have the Plaintiff pay 1,80,000,0000 as the price of household appliances and the cost of installing the studio building by credit card, and paid the remainder to C by deducting the Defendant’s price of household appliances products from the
3. On April 20, 2017, the Plaintiff is 118 million won to the Defendant.