부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 7, 2016, the Plaintiff supplied a new construction of B elementary school building (school building) by the office of education in Pyeongtaek-do and performed the construction work. Among them, the Plaintiff subcontracted the reinforced concrete construction work to the development of Taesung Industrial Development Co., Ltd. for the price of KRW 2.54,650,000. ② The Defendant, as a person who has the function of the mold, re-subcontracted part of the reinforced concrete construction work from the development of the above large industry by labor contract and procured part of the reinforced concrete construction work to the non-party C, etc., and subsequently, the Plaintiff and the construction work continues to progress at the request of the Plaintiff following the termination of the subcontract agreement for the reinforced concrete construction work of the large industry development as the said large industry development renounced the construction work on July 18, 2016.
The construction work has been suspended and the construction site has been left; ③ The fact that the Plaintiff paid the Defendant a sum of KRW 480,046,220 on several occasions from September 12, 2016 to December 7, 2016, to the Defendant under the name of his/her party’s wage, does not conflict between the parties, or is recognized by the purport of Gap evidence No. 1, Gap evidence No. 3-2, 3, and 4, witness C and D’s testimony and arguments, and there is no evidence that interfered with this.
2. Judgment on the plaintiff's claim
A. As the cause of the instant claim, the Plaintiff: (a) renounced the said large industry development and terminated the subcontract agreement for reinforced concrete construction works for the development of the said large industry with the Plaintiff; and (b) concluded a subcontract by oral agreement with the Defendant, and with the Defendant, by means of multiplying the total construction volume (area) by the unit price; and (c) subsequently, agreed to increase the subcontract amount in KRW 1,03,000,000,000,000 as a result of the construction to increase the number of the first floor; (d) the Plaintiff paid the Defendant a total of KRW 1,036,906,100,000, including KRW 480,046,220, by December 2, 2016; and (e) the Defendant paid the Plaintiff a total of KRW 1,036,906,100,00 to its father.