beta
Text
1. The Defendant’s KRW 219,337,070 among the Plaintiff and KRW 9,480,00 among them, shall be KRW 209,857,070 from May 1, 201, and KRW 209,857,070.
Reasons
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the A building cost of KRW 54,000,000 (=704,000,000 - 650,000,000) and damages for delay.
B. As to the Defendant’s assertion (1) (A) the Defendant asserts to the effect that the Plaintiff obtained unjust enrichment equivalent to KRW 49,320,00 (= KRW 41,145,00 KRW 8,175,00) in aggregate of the market price of H-bea (H-300*20*200*9*14) 63.3 tons and H-bea (H-300*30*300*10*15) 10.9 tons at the construction site of the instant building at the site of the instant A-building, which ought to be deducted from the above construction cost claim or should be offset against the amount equal to the above construction cost claim by using the aforementioned claim for return of unjust enrichment as the automatic claim.
(B) In full view of the purport of Gap evidence 2-2, Eul evidence 18-2, and Eul's testimony, the original defendant entered into the construction contract of the building of this case with H-be (H-300*200*9*14) 98 tons and H-be (H-300*300*30*10*10*15) 22 tons at the construction site and buried (H-be (voluntary president), H-be (H-300*200*209*14) 11 tons and H-be (H-300*300*10*15) 265 tons after using H-1 tons and 265 tons, the plaintiff determined the above 30-H-10 tons at the construction site of this case* 750,000,000,000 * 30-10-10,000 H-16,60-10-20.
(C) According to the above facts, the Plaintiff obtained unjust enrichment with regard to H-beam (hereinafter “H-be”)’s unit price at the time the construction contract was concluded and the amount equivalent to the difference between the unit price at the time of the construction contract and the unit price at the compulsory indemnity.
As such, the Plaintiff’s construction cost of the building in this case was 4,520,000 won [=74.2 tons x 600,000 won x 74.2 tons x 600 won (=63.3 tons) for unjust enrichment on the part of the Plaintiff.