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(영문) 인천지방법원 2016.10.12 2014가단51885
공사대금
Text

1. The Defendant’s KRW 47,329,466 as well as 5% per annum from May 15, 2015 to October 12, 2016 to the Plaintiff.

Reasons

1. The parties' assertion

A. From August 2, 2013, the Plaintiff was working as the site manager of the Defendant’s Diplomatic Construction Corporation (hereinafter “instant Corporation”) located in Seo-gu Incheon, Seo-gu. On November 24, 2013, the Defendant: (a) notified the Plaintiff on November 24, 2013 that he/she would not participate in the instant construction work; and (b) notified the Plaintiff again on January 27, 2014 by means of content-certified mail; and (c) sent the site manager around February 2014.

During the above period, the Plaintiff paid the construction cost to E, etc. as indicated in the attached Table 1 as the site director. In particular, the Plaintiff lost from E, etc. in the lawsuit claiming for wages, temporary rental fees, and paid the construction cost of KRW 50,000,000 on behalf of the Defendant on May 15, 2015, on behalf of the Plaintiff, to E, etc., and paid the construction cost of KRW 3,000,000 as the structural safety diagnosis cost of the instant construction project, and KRW 4,40,000 as the appraisal cost of the instant case, and KRW 4,40,000 as the appraisal cost, without any legal cause, to the Plaintiff who gains profit from the Plaintiff’s property and labor without any legal cause. Accordingly, the Plaintiff is obligated to pay the aforementioned KRW 57,40,000 to the Plaintiff as the unjust enrichment return under Article 741 of the Civil Act (=50,000,000,000,00 and the Plaintiff’s damages for delay.

(A) The Plaintiff filed a claim for the construction cost of KRW 100,000 on the premise that the instant construction was awarded a contract by the Defendant for KRW 432,00,000 on the premise that it had been awarded a contract by the Defendant. On July 13, 2015, the Plaintiff added the return of unjust enrichment as a preliminary claim, and then withdrawn the claim for the construction cost as the primary claimant on June 1, 2016, but did not modify the purport of the claim).

B. The Defendant directly implements the instant construction project from September 2013 to November 201, 2013, and directly executes construction work costs, such as all materials and personnel expenses, incurred by the Plaintiff, who was the believers of the Defendant church, as the field manager, during the period of his/her work as the site manager.

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