공사대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Both arguments in the trial of acceptance of the judgment of the court of first instance do not differ significantly from the judgment of the court of first instance, and the fact-finding and judgment of the court of first instance are justified even after closely examining the evidence submitted by the parties.
Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the first instance judgment, except for the additional determination under Paragraph 2 as to the Plaintiff’s conjunctive assertion in the first instance trial, and therefore, it is citing it as it is in accordance with the main text of Article 420 of the
2. Additional determination
A. The gist of the Plaintiff’s conjunctive assertion lies in the Plaintiff’s ownership of the instant facilities that the Plaintiff completed through the instant construction (hereinafter “instant facilities”). As such, until the instant construction cost is paid to the Plaintiff, the Defendants, until the said construction cost is paid to the Plaintiff, have accrued benefits equivalent to KRW 71,00,000, the construction cost of the instant facilities without any legal cause.
Therefore, the Defendants are jointly and severally obligated to return the amount equivalent to the above construction cost as unjust enrichment.
(B) In the first day of September 17, 2020, the Plaintiff asserted that the Defendants, the ordering agent, bear the obligation of direct payment pursuant to the Fair Transactions in Subcontracting Act, and that this Court changed the conjunctive assertion to the claim for return of unjust enrichment, without any particular reply to the purport that “the Fair Transactions in Subcontracting Act applies, and the related data are removed” made at the first day of pleading.
If either party to the relevant legal doctrine reduces the process of payment by the direction of the other party, etc. and directly provides payment to a third party who has another contractual relationship with the other party (if payment has been made in the so-called triarch relationship), either party to the contract shall not cause any legal grounds against the third party.