부당이득반환
Of the judgment of the court of first instance, the part against Defendant C and Defendant B regarding the main lawsuit shall be revoked, and such revocation shall be revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff was awarded a contract for construction of D Housing Site Development Project from E (hereinafter referred to as “E”) to the Corporation that received a contract for the construction of D Housing Site Development Project during the construction period of KRW 2,718,465,00 (hereinafter referred to as “instant construction”) and the construction period of KRW 2,718,465,00, and the Plaintiff received a subcontract from September 15, 2015 to December 31, 2018.
B. On September 15, 2015, the Plaintiff directly commenced the instant construction work, and subsequently re-subcontracted the instant construction work to the Defendants during the period from August 26, 2016 to December 31, 2017, by setting the construction amount of KRW 1,250,000,000, and the construction period from August 1, 2016 to December 31, 2017.
(2) The construction contract of this case is based on the following: (a) the Plaintiff supplied the Defendants with materials necessary for the construction while managing the instant construction project; and (b) the Defendant directly performed the instant construction project by inserting materials and equipment necessary for the construction of human resources, food, temporary materials, etc.
The Defendants, from August 2016, continued the instant construction work.
C. Meanwhile, on May 25, 2017, when the instant construction was in progress, the Plaintiff agreed to pay KRW 70 million to the Defendants, when preparing a written confirmation as follows (hereinafter “instant confirmation”) with the Defendants.
(hereinafter referred to as the “Agreement”). After several times, the Plaintiff paid all of the KRW 70 million as stipulated in the instant agreement to the Defendants (hereinafter “instant KRW 70 million”).
A written confirmation (Contract) The name of the construction project: The Plaintiff shall pay KRW 70 million to the Plaintiff until the completion of the construction works for the development of the housing site development project (e.g., excellent, sewage and water supply). - (i) the amount to be paid KRW 60 million, excluding KRW 10 million for the term payment of KRW 10 million set forth in (i) through (iv) February 2017: (ii) the term of February 2017: 2) the term of March 2017: 2,762,136 won and the Defendants appears to be the amount to be mistakenly written by the Plaintiff and the Defendants. (The gas supply price - the expected payment) March 2017. < Amended by Act No. 15148, Mar. 3, 2017>