부당이득금반환 등
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 2, 3, 4, 21 (including each number), Eul evidence Nos. 8-1, Eul evidence Nos. 10, 20, and witness E of the first instance trial by taking into account the purport of the entire pleadings and significant facts in this court, and there is no counter-proof.
On February 1, 2013, the Plaintiff: (a) received a contract on October 31, 2013 with the construction cost of KRW 4,108,500,000 (including surtax) for the new construction of the building in Jincheon-gun, Jin-gun, Jin-gun; (b) and (c) received a contract on October 31, 2013 (hereinafter “instant original construction contract”); (c) around March of the same year, the Plaintiff subcontracted the construction of the said new construction and reinforced concrete (including surtax) to the Defendant as the construction cost of KRW 595,10,00 (including surtax) and around October 2013.
(hereinafter referred to as the “instant subcontract contract”). B.
From May 16, 2013 to December 10, 2013, the Plaintiff: (a) paid a total of KRW 400 million to the Defendant as a subcontract price; and (b) issued and delivered a written confirmation that the unpaid construction price is KRW 195,100,000 (Evidence 8-1) around January 8, 2014.
In addition, on January 24, 2014, the Plaintiff paid a total of KRW 405,00,000 to the Defendant as construction cost by adding KRW 5,00,000 to the construction cost.
C. However, upon the process of the construction of the “B building” as a result of a serious support for the said construction, Go-do filed a lawsuit against the Plaintiff seeking confirmation of non-existence of liability, such as the cost of construction based on the instant original contract for construction (Cheongju District Court 2014Gahap25877), and refer to the ground for claim No. 10 attached to the protocol of mediation of evidence No. 20. 10. Rather, on September 2, 2014, a voluntary adjustment was established to the effect that “ Go-do shall pay KRW 1 billion to the Plaintiff by March 31, 2015.”
On the other hand, the defendant, who was awarded a subcontract for a part of the new construction works, and the non-party Ilchix Co., Ltd., H, and the corporation.