부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the facts alleged by the Plaintiff as the cause of the claim is as follows.
C. Foods
A. On May 17, 2012, the Plaintiff is a corporation that operates civil engineering, building and housing construction business, etc., and is a constructor in charge of construction of B multi-household housing (hereinafter “new construction of this case”) from the Defendant on May 17, 2012, and the Defendant is the client.
B. On October 2012, when the Plaintiff was proceeding with the Defendant during the construction of the instant new construction project, the Plaintiff suspended the instant new construction project. Accordingly, on December 13, 2012, the Defendant filed a lawsuit seeking the return of construction price with the Daegu District Court 2012Kahap12805 case, and at the time, the Defendant, on December 21, 2012, received the Daegu District Court 2012Kahap539 and the provisional seizure order against the Plaintiff’s other claims for construction price, issued a provisional seizure order against the Daegu District Court 2013Kahap40.
C. Accordingly, the Plaintiff explained the execution details of KRW 210,00,000 paid to the Defendant at the time, and agreed with the Defendant and the Plaintiff that “The unpaid balance shall be paid directly to the subcontractors (C, D, etc.) and material suppliers who have already performed the construction in connection with the handling of the instant new construction work after checking the Defendant, and the remainder shall be directly paid by the Defendant for the selection of the contractor and the selection of materials and payment, and the Plaintiff shall introduce the field agent until the completion of the instant new construction work to ensure that the construction is conducted smoothly. (The Plaintiff agreed to pay and sojourn expenses for the field agent, and indirect labor expenses, and settle them after the completion of the construction).”
In addition, upon the above agreement, the plaintiff requested the defendant to withdraw the above Daegu District Court 2012Gahap12805 and the above two provisional seizures. However, the defendant may withdraw on the condition that the new construction of this case is completed, and the above lawsuit is rendered without being so decided.