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(영문) 광주지방법원 2019.03.22 2018가단519989
부당이득금
Text

1. As to the Plaintiff KRW 50,120,00 and KRW 39,301,00 among them, the Defendant shall pay to the Plaintiff KRW 10,819,00 from November 9, 2017.

Reasons

1. Facts of recognition;

A. A. Around May 2015, the Plaintiff contracted to the Defendant Gwangju Dong-gu C Corporation (hereinafter “instant construction”) at KRW 1,141,104,00 for construction cost. The Defendant completed the instant construction work on or around December 2015, and the Plaintiff paid all the construction cost to the Defendant.

B. On September 2017, the Ministry of the Interior and Safety conducted a Government’s joint audit of the instant construction works. As a result, it was found that the Defendant used the total of KRW 10,819,00 (the total of KRW 9,198,00 for simple labor personnel expenses, KRW 407,00 for private guard expenses, KRW 1,214,00 for simple labor personnel expenses, etc.) among the fact that the Defendant failed to perform construction works or some landscaping works in its original form in light of the construction design specifications of the instant construction works (the total of KRW 39,301,00 for construction expenses) and the occupational health and safety management expenses.

C. Around October 2017, the Plaintiff notified the Defendant of the payment of KRW 39,301,000 for the construction cost of the foregoing non-execution until November 8, 2017, and KRW 10,819,000 for occupational health and safety management expenses around February 2018, the Plaintiff notified the Defendant of each payment by March 13, 2018.

[Based on recognition] Gap evidence Nos. 1 through 5 (including branch numbers), Eul evidence Nos. 1 and 2, witness D's testimony, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, the construction cost of this case was determined on the basis of the construction work design statement of this case, and the plaintiff paid all the construction cost of this case to the defendant. The defendant unjust enrichment was made by failing to perform construction work equivalent to the total amount of KRW 39,301,000,000 in its original form on the construction work design statement of this case. The amount of construction work of this case, which was set for occupational health and safety management expenses, was spent only for safety and health management expenses pursuant to the "Standards for Appropriation and Use of Industrial Safety and Health Management of Construction Business" notified by the Ministry of Employment and Labor, and thus, the defendant was unjust by using the total of KRW 10,819,000

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