beta
Text
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. The reasoning of this court’s judgment on this part of the basic facts is identical to that of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the parties’ assertion
A. If: (a) the progress payment that was paid in error by Plaintiff 1 was paid as a part of consideration in return for a contract; and (b) was found to have been paid more than the completed portion of the construction in the course of termination of the contract, the Debtor Rehabilitation and Bankruptcy Act (hereinafter
(2) Under Article 121(2), the Plaintiff, the other party, may claim the return or redemption of the excess amount as a priority claim. 2) Even in view of the view that the claim for the return of unjust enrichment that could have been filed, regardless of the termination, is not a claim arising from the termination, the amount of KRW 374,602,40 paid to the subcontractor was paid after the commencement of rehabilitation procedures. Since the right to claim the return of the excess amount was paid at the time of payment, this part of the excess portion out of the progress payment that
This constitutes a claim arising from unjust enrichment, which is a priority claim under Article 179(1)6 of the Debtor Rehabilitation Act, against the debtor after the commencement of rehabilitation procedures.
B. Defendant 1) The progress payment that was paid in excess of the Plaintiff’s assertion by mistake is deemed to have been paid in error, contrary to the advance payment that was paid under the instant contract, and thus, can be claimed for immediate return of unjust enrichment regardless of the termination of the instant contract. Therefore, it does not constitute a priority claim under Article 121(2) of the Debtor Rehabilitation Act. 2) The Plaintiff’s construction cost paid to the subcontractor or the subcontractor’s assignee by subrogation is KRW 374,602,40,000, which was incurred prior to the commencement of rehabilitation procedures by the Defendant.