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(영문) 전주지방법원 2019.07.12 2018나7903
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff asserted and determined that a limited liability company C (hereinafter "C") received a subcontract for electrical construction from the limited liability company C (hereinafter "C") and hired the defendant to conduct electrical construction and paid 8,280,000 won as labor cost. At the time, the defendant agreed to return labor cost directly received from C to the plaintiff. Since C paid KRW 6,705,260 to the defendant, the defendant asserts that the above 6,705,260 won and damages for delay should be refunded to the plaintiff in accordance with the return agreement with the plaintiff.

The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant agreed to return the amount received from C to the Plaintiff by the original and the Defendant, and there is no other evidence to acknowledge this otherwise.

(B) The Plaintiff’s assertion that the Plaintiff had directly employed the Defendant and provided labor to the Plaintiff, and the Plaintiff paid labor costs to the Plaintiff in return. Thus, it cannot be deemed that the Defendant received KRW 8,280,00 from the Plaintiff without any legal ground. Even if the Defendant received additional payments from C in return for the same labor costs, regardless of whether this constitutes unjust enrichment in relation to C, it cannot be deemed that the Defendant immediately made unjust enrichment against the Plaintiff. Accordingly, the Plaintiff’s claim of this case premised on this premise cannot be accepted.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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