부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 1 through 9, 12, 13, 14, 16, 17, 18, 20, 24, 26, Eul evidence Nos. 1 through 5, 7, 8, 9, 12, and 13 (including the number of each party).
The Plaintiff was awarded a subcontract from the Gangseo-gu Seoul Metropolitan Government D D Corporation (hereinafter “D”) to complete the construction under the name of the Songwon Industry Co., Ltd. (hereinafter “Sriwon Industry”). The Defendant supplied the Plaintiff with materials equivalent to KRW 28,316,684 as a sum necessary for the construction between January 2, 2012 and October 2012.
B. The Defendant requested the Gangseo-gu Co., Ltd. to pay a part of the material price directly to the Defendant in lieu of the payment of the subcontract price to the Plaintiff, and the said company paid KRW 22,316,685 to the Defendant on October 31, 2012.
C. In addition, from November 201 to April 2012, the Defendant supplied materials equivalent to the aggregate amount of KRW 6,828,558 as required for the Fel Corporation (hereinafter “F Corporation”) performed by the Plaintiff. From May 201 to June 2012, the Defendant supplied materials equivalent to the aggregate amount of KRW 7,93,750 as necessary for the Hel Construction Corporation (hereinafter “H Corporation”) performed by the Plaintiff between May 201 and June 2012. From April 201 to October 2012, the Defendant supplied materials equivalent to the aggregate amount of KRW 57,506,190 as necessary for the Gel Construction Corporation (hereinafter “G Corporation”). From June 2012 to December 2012, 2012 to December 30, 2015, the Plaintiff supplied the said new materials as the aggregate amount of KRW 57,506,190 as required for the “D Corporation” and each of the “D Corporation”).
The Plaintiff shall pay part of the material price to the Defendant on May 26, 2012, KRW 1,100,000, KRW 14,829,870 on July 2, 2012, KRW 10,000 on August 10, 2012, KRW 20,000 on September 20, 2012, KRW 20,000 on September 6, 2012, and KRW 20,000 on September 27, 2012.