부당이득금
1. Of the instant lawsuit, the part of the claim for confirmation of the non-existence of the payment obligation for the already completed construction work shall be dismissed.
2. The defendant shall make the plaintiff 300.
1. Basic facts
A. Status 1 of the parties is the Korea Land and Housing Corporation and D Co., Ltd. (hereinafter “D”).
(2) On September 18, 2017, the Plaintiff entered into a contract for “C construction works” and D entered into a subcontract for the said construction works with the Plaintiff on September 18, 2017. (2) On November 22, 2017, the Plaintiff entered into a contract with the Defendant (E) on the execution participant (hereinafter “instant construction works”).
B. The content of the instant contract is as follows.
The agreement of the execution participant.
4. Period of construction: November 22, 2017 to May 22, 2018.
5. Agreed amount: Won 261,600,000 won (Won 261,600,000)-V.A.T. separate;
6. Payment of the price;
(a) Advance payment: No one;
(b) 1) 1) 1) : At the end of each month as of the end of the next month, the payment method shall be made at the end of the following month: Cash.
7. The settlement of the quantity, such as modification of designs, etc., under Article 8 of the terms and conditions of the contract of the construction participant shall be based on the standards for design of the ordering place and the determined quantity; and
In addition, additional construction cost and material cost will be executed after consultation.
The types and quantities of construction under Article 10 shall be calculated according to the settlement volume of the subcontractor and the prime contractor.
C. From January 5, 2018 to November 30, 2018, the Plaintiff paid a total of KRW 874,318,107 to the Defendant as the payment for the construction work.
On November 2018, the Plaintiff, including confirmation of the appropriateness of the Plaintiff’s construction cost, began to review the progress of the construction project and the appropriateness of the amount of the construction cost paid to the Defendant. From January 11, 2019, the Defendant, from around January 11, 2019, occupied the site by putting a banner to the effect that the Defendant shall exercise a lien on the instant construction site, and occupied the site by piling up equipment, etc., and the Korea Land and Housing Corporation, the place where the instant construction is ordered.