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1. The Plaintiff:
A. Defendant B’s KRW 28,775,297 as well as 5% per annum from December 31, 2016 to February 21, 2018.
Reasons
1. Requests for return of unjust gains;
A. (1) The Plaintiff and Defendant C shared 1/2 shares of 2,597 square meters in response to the wife population E (hereinafter “instant land”).
(2) around April 2013, Defendant D, the husband of Defendant C, was awarded a contract for construction of a new building by Defendant B.
F The F was unable to achieve more than 6.38% of the construction by November 2015, even until the due date for completion, and the construction was not performed normally, by failing to pay the subcontract price, even if the construction cost was paid by Defendant B in excess of the above processing rate.
On November 19, 2013, F had received additional payment of KRW 60 million for the cost of construction at the request of Defendant B, and on November 20, 2013, Defendant C created the right to collateral security (hereinafter “instant right to collateral security”) of KRW 200 million for the share of the instant land at the request of Defendant B. On November 20, 2013.
(B) The subcontractor, at the construction site, terminated the construction contract with F on November 26, 2013. (3) However, the subcontractor, at the construction site, terminated the construction contract with F on November 26, 2013.
(3) On December 12, 2013, Defendant B filed a lawsuit against F to claim the return of construction price in excess of the interest rate and the compensation for delay, and received the judgment that “F shall pay the interest rate of 160,318,251 won in excess of the construction price to Defendant B (Plaintiff in the lawsuit concerned) and the interest rate of 5% per annum from December 19, 2013 to November 20, 2015; thereafter, the interest rate of 124,740,00 won per annum; the interest rate of 124,740,00 won per annum; and the interest rate of 15% per annum from February 25, 2015 to November 20, 2015.”
(F) On June 8, 2015, Defendant C extended KRW 200 million to Defendant C. (3) on November 20, 2015. (4)