부당이득금
1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff).
1. Basic facts
A. A. Around October 2008, F Co., Ltd. (hereinafter “F”) was awarded contracts from G to the construction of a new building for neighborhood living facilities on both H and I ground in Jung-gu Seoul Special Metropolitan City (hereinafter “G’s construction of a new building”), and from J to the construction of a new building for neighborhood living facilities on the ground (hereinafter “J’s construction of a new building”).
B. On October 31, 2008, F subcontracted to the Plaintiff all of the construction work of the said G, excluding reinforced concrete construction work, among the new construction work of the said G, by means of a lump sum subcontract for the construction work period from October 29, 2008 to February 29, 2009. From October 29, 2008 to February 29, 2009, F subcontracted all of the construction work of the saidJ, excluding reinforced concrete construction work, among the new construction work of the said J’s building, by means of a lump sum subcontract for the construction work period from October 31, 2008 to February 29, 2009.
C. After that, the Plaintiff discontinued each of the above construction works around November 2008 on the ground that F did not properly perform the agreement to pay the construction cost corresponding to the end of each month during the process of construction of each of the instant building.
Accordingly, G on January 5, 2008, and J on January 10, 2009, concluded a contract with Defendant C Co., Ltd. (the trade name before the change is L Co., Ltd.; hereinafter “Defendant C”) for the construction of each of the above buildings, and Defendant C completed the construction work under the above contract.
E. The Plaintiff filed a lawsuit against G and J (the Seoul Eastern District Court 2009Da55441, the Seoul High Court 2010Na6903, the Seoul High Court 2010Na6903, hereinafter “relevant lawsuit”). The court of the second instance shall pay 5% interest per annum from September 17, 2009 to October 4, 201; 20% interest per annum from the next day to the date of full payment; Defendant J shall pay 13,385,122, and its interest per annum from October 10 to October 4, 201; and 5% interest per annum from the next day to October 4, 201; and 20% interest per annum from October 209 to the date of full payment.