(영문) 광주지방법원 2018.12.05 2016나58580

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.12.05 2016나58580

부당이득금

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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. On April 2015, the Plaintiff and the Defendant agreed to pay separate personnel expenses to the Defendant to perform the interior works of the interior stores of “C” (hereinafter “instant stores”) that the Plaintiff operates (hereinafter “instant stores”) and the Defendant entered into an oral contract with the Plaintiff on the terms that the management of the instant construction site would be entrusted to the Defendant, while the material cost and personnel expenses incurred in the process of the instant construction works would subsequently be paid by the Plaintiff to the Defendant (hereinafter “instant contract”).

B. From April 12, 2015 to May 2015, the Defendant managed and supervised the progress of the instant construction in accordance with the instant contract until the completion of the instant construction.

C. Upon the Defendant’s claim for construction cost, the Plaintiff paid KRW 34,00,000 to the Defendant, including the Defendant’s labor cost of KRW 5,000,000,000, from April 12, 2015 to June 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) After the Defendant completed the instant construction work, there were defects, such as rainwater flown, due to water leakage from the tent of the instant store and the wall surface, etc., and the defect repair is required to be 13,746,700 won as above, and the Defendant is obligated to pay the said amount to the Plaintiff as compensation for damages in lieu of defect repair. 2) The Defendant received KRW 29,124,650 from the Plaintiff as the expense for the instant construction work. Since the Defendant used only KRW 15,124,650 as material cost, the Defendant was obligated to pay the Plaintiff the remainder of KRW 13,875,350, excluding KRW 15,124,650, which was paid by the Plaintiff as unjust enrichment or tort.

B. 1) The facts acknowledged prior to the determination as to the claim for defect repair cost.

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