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(영문) 청주지방법원 2016.02.18 2013가단7424
부당이득금 반환
Text

1. The Defendant’s KRW 30,008,821 as well as the Plaintiff’s annual rate of 5% from April 4, 2013 to February 18, 2016, and the following.

Reasons

1. Basic facts

A. On July 13, 2012, the Plaintiff, a village association of A, which is a natural village located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, entered into a construction contract (hereinafter “instant construction contract”) with the Defendant for the construction work of constructing a village center on the ground of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant construction work”) with the construction cost of KRW 140,00,000 (123,530,000 for B, while the construction cost was increased to the above amount on October 8, 2012), and the construction period was from July 13, 2012 to October 10 of the same year (hereinafter “instant construction contract”).

B. After that, the Defendant completed the instant construction, and received a total of KRW 140,000,000 from the construction price.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. In addition to the appraisal result of an appraiser D with non-construction or defect repair expenses and the purport of the entire pleadings in each testimony of appraiser D and E, the defendant can recognize the occurrence of the non-construction or defect that requires an amount equivalent to KRW 30,008,821 in total, including the reduction of the roof area of the panel wall roof and the sub-construction of water supply, etc. in performing the instant construction works.

(1) As a result of the first appraisal of the party, although the non-construction cost or the defect repair cost was appraised to KRW 32,837,068, the witness E’s testimony shows that the defect amount of the changed construction in the living room was KRW 422,827,00 according to the witness E’s testimony, and the non-construction cost or the defect repair cost is deemed to be calculated to be KRW 30,008,821,00,074. Accordingly, as the Defendant performed the instant construction, it cannot be deemed that the non-construction or the defect is not the non-construction or defect since the construction was executed through consultation with the F, which was the head of the Plaintiff’s village while performing the instant construction, and the head of the Sinsan-gun, the supervisory authority over the instant construction, visited the village community center around February 2, 2013, visited the Defendant to return the non-construction and the defect amount to KRW 4,495,00 on May 14, 2013.

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