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(영문) 수원지방법원 2018.05.30 2018나43
부당이득금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. A. Around March 6, 2012, the Plaintiff was a person who was moving into the Suwon-si D Building and the B/Dong 302 (hereinafter “instant building”). The Defendants are married couples and live in the vicinity of the Plaintiff’s building.

B. Around the date of the above director’s appointment, the Plaintiff concluded a construction contract on the construction of the instant building as a shower, setting the construction cost as KRW 3.4 million with the constructor E, which was introduced by the Defendants.

(1) The Plaintiff paid the construction cost of KRW 2 million on May 8, 2012, and KRW 1.4 million on May 14, 2012, by transferring money from the husband F to E’s account. The Plaintiff completed the construction work around the said time.

C. On May 25, 2012, the Plaintiff transferred KRW 850,00 from its own account to Defendant B’s account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, the purport of the whole pleadings

2. The Plaintiff’s assertion Defendants presented to the Plaintiff a written estimate of KRW 3,400,00,00,00,000, which was presented by E, to the Plaintiff, at the time of the instant construction.

After the completion of the instant construction work, the Defendants demanded that the Plaintiff pay the construction cost of KRW 8.50,000 to the Plaintiff, and the Plaintiff knew that both E and the Defendants performed the instant construction work, and transferred KRW 8.50,000 to Defendant B’s account designated by the Defendants.

However, around May 2017, the Plaintiff completed the instant construction project and paid 850,000 won to the Defendants.

The construction of this case was completed by E independently, and the Defendants knew that they did not perform the construction at all.

Therefore, the defendants are 850,000 won and damages for delay, which are obtained by deceiving the plaintiff by preparing and delivering a false quotation.

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