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1. The defendant shall pay 350,000,000 won to the plaintiff and 20% per annum from October 9, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. The status of the parties is the representative of the Ciplomatic Association (hereinafter referred to as the “Plaintiff’s church”); the Defendant is the representative of the Diplomatic Association (hereinafter referred to as the “Defendant’s church”); and E is the representative of the F Co., Ltd. (hereinafter referred to as “F”).
B. On July 27, 2010, F and the Plaintiff church construction contract E concluded with the Defendant church a new construction contract for the Defendant church building on behalf of F, and concluded a contract with the Plaintiff church on May 15, 2012, when the said construction work was almost completed, the Plaintiff church entered into a construction contract for the new construction of the Plaintiff church building with the Plaintiff church for KRW 2.2 billion, and the commencement of the construction was to be completed after the Defendant church completed.
C. The Plaintiff transferred KRW 350 million, out of KRW 1.5 billion, to the Defendant church’s new bank account under the E’s instruction on the same day, to be used by the Plaintiff church as the construction cost on May 21, 2012.
On May 21, 2012, the Defendant paid the construction price of KRW 350 million from the Plaintiff, as seen above, remitted to E the same day KRW 45 million, and KRW 197,300,000,000 to F, respectively. On May 23, 2012, the Defendant remitted additional KRW 260,000 to F, and arbitrarily used the remainder.
Meanwhile, on July 5, 2013, the Defendant church (hereinafter referred to as the “G church”) filed a lawsuit for the return of unjust enrichment against F and E, etc. (hereinafter referred to as the “CG church”) seeking the return of excess construction cost, including the said money, (for the Defendant’s written brief and documentary evidence, the amount of KRW 260 million paid to F as the construction cost of the Defendant church building) at the above court, and the voluntary adjustment was established between F and E, etc. on February 10, 2014, with the content that the Defendant church would pay KRW 200 million to the Defendant.
E. The F of the discontinuance of construction of the Plaintiff church building around August 2012