부당이득금반환
1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The following facts may be found either in dispute between the Parties or in full view of the entries in Gap evidence 1, 2, 3, and 8 (including paper numbers), the witness C’s partial testimony and the entire purport of the pleadings:
C leased the Plaintiff’s construction business license from the Plaintiff on April 17, 2012 for the construction of a factory of Hansung Engineering Co., Ltd. located in 3 block 9 units in the same industrial complex in the same city in the same city (hereinafter “instant construction”). At the time, C and the Plaintiff agreed to transfer all of the subcontract construction costs to the Plaintiff’s Han Bank Account capable of paying and withdrawing the said money if Hansung Engineering Co., Ltd. deposits the construction cost into the Plaintiff’s new bank account, and C transfer the said money from the said Han Bank Account to the said Han Bank Account, and C shall use only the construction cost of the instant construction, and all of the profits, excluding the Plaintiff’s management fees and taxes and public charges, from the construction cost received from the instant construction project.
B. C, on April 17, 2012, through the Plaintiff’s employee reduction and employee reduction system received from the Plaintiff pursuant to the above construction business license lease, concluded a construction contract with the Plaintiff, setting the construction cost to KRW 3,148,200,00 for the Han Engineering Co., Ltd and the instant construction project in the Plaintiff’s name.
C. During the instant construction work, the Defendant was awarded a subcontract for KRW 9,100,00 to install a toilet screen site, and to complete the construction of a toilet screen site in KRW 9,100,00.
However, even before the construction of the instant case, C subcontracted part of the new elderly welfare center construction, the housing construction, the housing construction, the Daedong-dong Office, the housing construction, and the carpet construction, etc., to the Defendant, and was thus liable to pay the construction cost.
E. In order to receive the payment of the construction cost under the preceding paragraph, the Defendant shall, at the request of C, be the interior construction cost of the instant construction project, and on September 11, 200, the Plaintiff.