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(영문) 서울중앙지방법원 2015.03.25 2014나51335
부당이득금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. The plaintiff asserts that since the plaintiff paid the amount of construction work in excess of KRW 1,858,00 to the defendant in the course of transferring the amount of construction work to the account, he/she shall return the amount.

In this regard, the defendant introduced another construction business operator so that the plaintiff can carry out remodeling works in his/her toilet construction work, but asserts that it cannot be returned because he/she received the money at the expense of receiving the money.

2. The following facts may be acknowledged in full view of the purport, etc. of the whole pleadings, Gap 1, 2, 4, 7, and the whole pleadings:

4,942,00 won (including additional construction cost of KRW 1,112,00) is stated in the quotation that the Defendant seems to have prepared.

The Plaintiff paid the construction price on three occasions, and on July 31, 2013, in excess of the construction price during account transfer, and the excess amount is KRW 1,858,00.

After that, the Plaintiff and the Plaintiff’s husband requested the Defendant to return the excess payment by sending content certification (C sent to the place indicated in the Defendant’s place of business in a written estimate on August 5, 2013 and August 8, 2013) and mobile phone text messages on several occasions.

In light of these facts, the Plaintiff paid the amount exceeding KRW 1,858,00 in the course of paying the construction cost of the toilet to the Defendant, and there is no evidence to deem that the Plaintiff paid the amount as the repair cost as alleged by the Defendant.

The defendant is obligated to pay to the plaintiff 1,858,00 won for unjust enrichment and damages for delay as claimed by the plaintiff.

3. Conclusion of the Plaintiff’s instant claim

The judgment of the court of the first instance is just in conclusion.

The defendant's appeal disputing this cannot be accepted.

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