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(영문) 서울중앙지방법원 2017.08.22 2017가단5063630
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,861,551 and the interest rate of KRW 15% per annum from February 21, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 16 (including additional numbers), the plaintiff may be acknowledged as being equivalent to KRW 89,861,51 as of November 10, 2016, and if the plaintiff sent his seal to the construction site of the defendant at the defendant's request, the defendant agreed to pay the plaintiff the amount equivalent to the wage that the plaintiff paid to the above person (hereinafter "the agreement of this case"). ② The plaintiff sent the seal to the construction site of Seongbuk-gu Seoul New Construction Corporation from September 2016 to October 2016 pursuant to the agreement of this case. The plaintiff sent the seal to the construction site of Seongbuk-gu Seoul New Construction Corporation from November 30, 2016. The unpaid wage under the agreement of this case as of November 30, 2016 is 89,861,51 won, and the plaintiff received the above amount to be paid to the plaintiff.

In fact, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of 49,861,551 won (=89,861,551 won-40,000 won) equivalent to the unpaid wage pursuant to the instant agreement and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 21, 2017 to the day of full payment, following the delivery date of a copy of the instant complaint.

2. The defendant's assertion argues that "the defendant, upon the plaintiff's request, prepared a written confirmation of the amount receivable (Evidence A7 and 8) to the plaintiff, but thereafter, suspended the payment of the amount receivable after confirming that the amount of the outstanding amount is false."

However, it is not sufficient to recognize the evidence stated in the evidence Nos. 1 to 9 only, and there is no other evidence to acknowledge it, the defendant's above assertion is without merit.

(A) In conclusion, each “written confirmation of the outstanding amount” includes not only the Defendant’s confirmation of the outstanding amount but also the obligation to pay the outstanding amount on a specified date. 3. If so, the Plaintiff’s claim is justified.

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