부당이득반환
1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff, the appointed party) and the Plaintiff (Counterclaim Defendant) of the appointed party B filed a counterclaim.
1. Basic facts
A. On July 1, 2009, the Plaintiff (the representative director at the time: D) entered into a contract for the construction of a 198kW-based solar power plant on the F on the land (hereinafter “instant construction”) under the name of E with the selector B, a business owner of E, and the Plaintiff (hereinafter “the instant construction”). The Plaintiff (i) entered into a contract for the supply price of KRW 583,000,000 (i.e., value of KRW 530,000,000 value-added tax of KRW 53,00,000), and (ii) actually carried out the instant construction after entering into the contract for the instant construction, the Defendant, the husband of B, who is the Defendant.
B. On August 7, 2009, G, the representative director of the Plaintiff, through his agent H, entered into an agreement with I on the ownership of F land at Seopo-si, the electricity generation business related to the land, and the transfer and takeover of the Plaintiff corporation, and set the authorization and permission and the transfer and takeover price for the corporation at KRW 200,000,000 in that agreement.
I dealt with the actual business affairs related to the authorization and permission of the electric generation business and the transfer of the corporation to G.
C. H had a part of the instant construction that the Defendant had been running, and carried out the part of the construction.
Defendant and H completed the instant construction work around October 13, 2009.
On October 14, 2009, the Plaintiff was issued a certificate of pre-use inspection by the Korea Electrical Safety Corporation with respect to solar power plants built by the Defendant.
E. On November 10, 2009, H and the Defendant agreed that H shall settle the total of KRW 114,000,000,000 for basic construction works, KRW 35,000 for electrical construction, KRW 10,000 for electrical construction works, KRW 20,000 for construction works, KRW 7,000 for pent site rearrangement works, and KRW 114,00,000 for construction works, and KRW 114,000 for the above construction work directly received from the Plaintiff.
F. On December 4, 2009, the defendant and the plaintiff's agent H excludes the construction cost that the defendant received in connection with the instant construction work.