부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are found either in dispute between the parties or in combination with the purport of the entire pleadings in the statements in Gap evidence Nos. 2, 3, 4, 6, 32 (including Serial Evidence), Eul evidence Nos. 4 and 8:
A. B around July 201, the Defendant contracted the instant construction work under the name of F Co., Ltd., for the construction of the Manyang-si and D ground E-based E-ray (hereinafter “instant Mandong”) from the Defendant (hereinafter “instant construction work”). However, the Defendant ordered the instant construction work to KRW 2.75 billion for the construction cost around September 20, 201.
B. On August 31, 2012, around the time of the completion of the instant construction work, the Plaintiff agreed with the Defendant on the instant construction cost (hereinafter “instant agreement”), and the main contents are as follows.
The balance of the construction cost shall be KRW 850 million.
The defendant shall pay 800 million won out of the balance of the construction price until August 31, 2012, and shall pay the remainder of 50 million won when the non-construction portion has been completed.
Upon agreement with the above amount, the repair of defects is responsible only for the portion directly executed by the plaintiff, and the account payable by the business partner is also responsible only for the portion directly operated by the defendant.
C. At the time of the structural construction of the instant construction, Hosung Industrial Co., Ltd. (hereinafter referred to as “B”) supplied ready-mixed upon the Plaintiff’s request for supply of ready-mixed after the Plaintiff acquired the instant construction. Tax invoices related to the supply of ready-mixed were issued by the Plaintiff.
On September 25, 2012, Nonparty Company: (a) filed against the Plaintiff on September 25, 201, the sum of the accounts payable to Nonparty Company 82,312,060, out of the accounts payable for the instant construction from July 16, 2011 to August 2012, Nonparty Company 22,145,789, separately borne by the Plaintiff to Nonparty Company.