부당이득반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The following facts are recognized in light of each entry in Gap evidence Nos. 2, 10, 11, and 14 (including numbers, if any) and Eul evidence No. 7, or the overall purport of the pleadings, unless there is a dispute between the parties to the facts of recognition:
A. On May 7, 2009, the Defendant, who had engaged in construction business, etc. with the trade name B tin H, was awarded a subcontract from the Plaintiff for 577 million won among B main complex construction works (hereinafter “B stone construction works”) to KRW 577 million (excluding value-added tax; hereinafter the same shall apply) and continued to do so, and around the end of December 2009, the above construction work was suspended, and around that time, the Plaintiff and the Plaintiff settled the price of KRW 330 million.4 million.
B. C tin Corporation (1) subcontracted tin (hereinafter “C tin”) among D Newly Building Construction Works in Yongsan-si, the Plaintiff subcontracted tin (hereinafter “C tin”) to E, and it was impossible to comply with the construction schedule, the Plaintiff subcontracted the remaining construction work to the Defendant on April 2009, and the Defendant began around that time and completed it on July 20 of the same year.
(2) Around September 2009, the Defendant issued to the Plaintiff a statement of settlement of internal construction expenses to the effect that “The construction cost shall be settled at KRW 115,619,840.”
During the period from April 30, 2009 to October 31, 201 of the same year, the Defendant issued a tax invoice to the Plaintiff for a total of KRW 120,90,000,000,000 as the construction cost of Ctin Corporation. On October 201, the Plaintiff sent to the Defendant a statement of accounts stating that “The construction cost of Ctin Corporation shall be KRW 12,90,000,000,000, out of which was paid from April 30, 2009 to September 20, 201, remains KRW 110,567,200, out of which was paid from April 30, 2009 to September 20, and remains KRW 10,332,80.”
C. Around January 2010, the Plaintiff was awarded a subcontract for part of the Gind Co., Ltd.’s new construction work from the Nad Co., Ltd. (hereinafter “Gind Co., Ltd.”). Around that time, the Plaintiff re-subcontracted the said new construction work for KRW 13 million to the Defendant, and the Defendant completed the said construction work thereafter.
(2) The defendant is based on the plaintiff.