부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 13, 2010, the Plaintiff entered into a construction contract with the Dong-gu Daejeon Metropolitan City and C (hereinafter “instant construction contract”) with respect to construction works, with the terms of construction cost of KRW 526,245,960, total construction cost of KRW 716,65,350, construction period of KRW 716,65,350, and construction period of KRW 15,00 from July 15, 201 to January 10, 201 (hereinafter “instant construction contract”).
B. On July 14, 2010, the Plaintiff entered into a subcontract with the Defendant and the head of the Dong-gu Daejeon Metropolitan City on the terms of the instant subcontract (hereinafter “instant subcontract”) on the condition that the construction cost shall be KRW 306,118,00, and the construction period shall be from July 16, 2010 to December 31, 2010, and notified the head of the Dong-gu Daejeon Metropolitan City of the contents of the instant subcontract.
C. On June 1, 2012, the Plaintiff changed the construction price of this case three times on the grounds of the change of design and Dong-gu Daejeon Metropolitan City and the change of design, etc., and finally increased the construction price to KRW 664,20,000. The deadline for completing construction was extended on June 5, 2012.
On June 10, 2012, between the Plaintiff and the Defendant, a modified contract was drafted to increase the construction cost of the instant subcontract in KRW 551,100,000.
E. The instant construction was completed on June 2012, and the Defendant issued each tax invoice as listed below.
won (including value-added tax; hereinafter the same shall apply) 49,500,000 won on July 28, 2010 (including value-added tax; hereinafter the same shall apply) 165,000,000 won on December 23, 2011: 61,600,000 won on October 4, 2011; 165,000,000 won on June 30, 2012; < Amended by Act No. 11890, Jul. 25, 2012>
F. Meanwhile, when the Defendant deducts the Plaintiff from the total construction cost of KRW 341,00,000 ( KRW 551,100,000) due to this court’s 2012 tea 10635, the Defendant applied for a payment order against the Plaintiff only KRW 341,10,000 for the unpaid construction cost of KRW 341,10,000,000, or the payment order was finalized.
(Total construction cost of KRW 51,100,000 - Payment of the construction cost of KRW 210,000,000) and damages for delay thereof have been claimed, and the said court has filed an application for a payment order with the effect that payment shall be made. The said court shall have been made September 26, 2012.