부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) The primary cause of the claim was that the Defendant had subcontracted the electrical construction (main construction and AS construction) at BM convenience points and BN convenience points, and the Plaintiff agreed to receive 85% of the remainder remaining after deducting the Defendant’s expenses, such as payment materials, from the original contract amount. However, since 2013, the Defendant paid 113,323,802, and industrial accident insurance premium, which should be included in the construction cost, 113,323,802, and 1,472,00,000 won and 1,251,20,000 won and 1,252,00 won and 85% of the public works at BN convenience points (hereinafter “public works and industrial accident insurance premium portion”).
(2) The portion of the material price for the main construction in the BM convenience point is 137,505,670 won and 5,253,250 won, respectively (hereinafter referred to as “the portion of the excessive appropriation of the material price for the materials”).
(3) From the construction price of the SS AS Corporation, 4,602,118 won was voluntarily deducted as material price (hereinafter “the portion of voluntary deduction for material price”).
(4) The amount of KRW 5,344,800, which is 85% by reducing the main construction cost of the BNE’s KRW 6,288,000, was unpaid (hereinafter “the reduction of the main construction cost”).
(2) Therefore, the Defendant did not pay the Plaintiff a total amount of KRW 267,280,840 (=113,323,802 + KRW 1,251,200 + KRW 137,505,670 + KRW 5,253,250 + KRW 4,602,118 + + KRW 5,344,800 + KRW 5,000). The Defendant did not submit the original contract. The Defendant did not submit the original contract. The Defendant’s unpaid amount exceeds the amount of the original contract. Accordingly, the Plaintiff sought payment of money, such as the purport of the claim, in accordance with the agreement between the Plaintiff and the Defendant. 2) If the agreement on the preceding claim is not acknowledged, the Defendant, without any legal cause, gains profits equivalent to the Plaintiff’s property or labor cost due to the Plaintiff’s electrical construction of convenience stores and BN stores, and thereby, sought a subcontract price for the Plaintiff.