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(영문) 서울남부지방법원 2019.05.28 2016가단242833
부당이득금
Text

1. The Defendant’s KRW 63,569,770 for the Plaintiff and 6% per annum from October 21, 2016 to March 11, 2019, and the following.

Reasons

1. Basic facts

A. On September 1, 2015, the Plaintiff (contractor) and the Defendant (contractor) entered into a subcontract with the amount of construction cost of KRW 64.9 million (including value-added tax) with respect to the “sciring construction works” (hereinafter “instant construction works”).

(hereinafter “instant contract”). (b)

The Defendant carried out the instant construction work from September 2015 to February 2016.

C. From September 2, 2015 to January 11, 2016, the Plaintiff paid KRW 77,90,000 to the Defendant at the price of the instant construction project seven times.

In the name of the Corporation E, the defendant deposited in the account.

(B) [Evidence 7] / [Evidence 7] / without dispute, Gap 1, 2, Eul 1, 7 evidence, witness D's testimony and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff and the Defendant confirmed the instant construction cost of KRW 88,400,000 (Evidence A4), and the Plaintiff paid the full amount to the Defendant.

Nevertheless, the Plaintiff paid KRW 24,530,000 on behalf of the Defendant to the Defendant’s business partner (a business entity that the Defendant provided services related to the instant construction project) and paid KRW 39,039,770 on the part of which the Defendant did not directly work.

The defendant shall pay to the plaintiff unjust enrichment amounting to 63,569,770 won (=24,530,000 won) and damages for delay.

B. The Plaintiff and the Defendant set the first construction cost of this case as KRW 64.9 million (Evidence 1) and the first additional construction cost as KRW 31.8 million, and the second additional construction cost as KRW 7.8 million.

(B) The defendant filed a claim with the third additional construction cost of KRW 8,678,00,00 (Evidence 3), but the plaintiff did not pay it.

Therefore, the total construction cost is KRW 190,1280,000 (i.e., KRW 64.9 million, KRW 31.8 million, KRW 7.8 million), and the Plaintiff paid only KRW 77.9 million among them.

3. Determination

A. Determination as to the total construction cost, Gap 1-4, 14, 52 evidence, Eul 1-4 evidence, witness D's testimony and pleading.

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