부당이득금 반환
1. The defendant's appeal and the request for return of provisional payment are all dismissed.
2. Costs of appeal; and
1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the part of the reasoning of the first instance judgment, except where part of the reasoning of the first instance judgment is used as stated in the following paragraph (2). Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. The first instance court’s first instance court’s second sentence’s second sentence is deemed to be “inasmuch as it is appropriated or offseted by advance payment in South and North Korea.”
B. On the 8th judgment of the first instance court, the phrase “A No. 9” in the 19th judgment is deemed to read “A No. 1, 2, 3, and 9” respectively.
C. The “general terms and conditions of construction contracts” in Section 20 of the first instance court’s 8th judgment is subject to the “general terms and conditions of construction contracts for local governments (established rules of the Ministry of Government Administration and Home Affairs No. 250, Sept. 20, 2007; hereinafter “general terms and conditions of construction contracts”).”
On the 9th judgment of the first instance court, the "constition constitutes an agreement" in the 18th judgment is as follows.
The contract of this case was terminated on April 16, 2010. According to the facts stated above, Gap evidence 5-1, 2, Gap evidence 6-1, 7-2, and Gap evidence 7-1 and 2, the plaintiff and the subcontractor of the construction project of this case (the remaining industry of the corporation, the small river foundation of the corporation, the new architecture board of the corporation, and the new architecture board of the corporation) are the time when the cause for direct payment of the subcontract price occurred between September 10, 2009 and April 6, 2010. Thus, the plaintiff's obligation for direct payment to the above subcontractor of this case was already occurred before the termination of the contract of this case (the grounds for appropriation or offset of the unpaid advance payment and completed portion), and according to the evidence Nos. 2 and 6-2 of this case, at the time of entering into the contract of this case, the defendant is acknowledged to include Article 50 (1) of the general conditions of the contract of this case in the contract of this case.