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Reasons
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(영문) 대구지방법원 포항지원 2021.01.21 2020가단102875
공사대금
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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. From May 20, 2019 to December 15, 2019, the Plaintiff was awarded a contract from the Defendant to install the parts of machinery, equipment, etc. among the works related to port C (hereinafter “port works”). (2) The Defendant was in charge of material management related to port works to the Plaintiff.

3) The Plaintiff and the Defendant calculated the construction cost of the port of call at KRW 294,218,010. The construction cost paid by the time of settlement was KRW 194,619,00, and the unpaid construction cost was KRW 99,59,010.

B. On January 21, 2020, the Plaintiff’s credit payment amount of KRW 19,59,010 for the Plaintiff’s credit items (cost) of the Plaintiff’s credit items (cost) of the credit amount (cost) No. 99,59,010 for the Defendant’s credit amount (cost) No. 40,000,000 for the loan amount of KRW 14,000 for the loan amount of KRW 25,000 for the loan amount of KRW 19,000 for the loan amount of KRW 19,90,000 for the loan amount of KRW 7,90,000 for the loan amount of KRW 19,00 for the loan amount of KRW 9,59,00 for the former credit items (cost) and the Defendant’s credit amount of KRW 132,59,000 for the loan amount of KRW 132,50,000 for the loan amount of KRW 9,000 for the loan amount of KRW 931.

2) On January 21, 2020, the Plaintiff issued an electronic tax invoice of KRW 74,534,790 (including value added taxes) to the Defendant as a matter of duty payment under the pretext of the port of distribution. The Plaintiff’s son F included double the value-added tax due to mistake, etc.

3) On January 23, 2020, the Defendant remitted the amount of KRW 74,534,790 according to the said electronic tax invoice to the Plaintiff.

4) On May 21, 2020, the Defendant filed a lawsuit seeking the return of unjust profits against KRW 14,059,890 arising from the erroneous issuance of the electronic tax invoice as above among KRW 74,534,790 of the above remitted amount to the Plaintiff (based on the Daegu District Court Branch Branch Decision 2020 Ghana 10571). [Defendant] The non-contentious facts, Gap evidence No. 1-122 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1-12, Eul evidence, witness FG testimony, and the purport of the entire pleadings.

2. The Plaintiff’s cause of the claim is the Defendant.

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