부당이득금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Facts of recognition;
A. The Plaintiff is a company with the purpose of housing construction work, etc., and Defendant B is a company with the purpose of civil engineering work, etc., and Defendant C is a representative director of Defendant C.
B. On August 23, 2017, the Plaintiff entered into a construction contract with the Defendant Company for the construction work cost of KRW 1950 million, which was to build a “F building” on the plot of land, other than the 1,950 million, North Chang-gun, Chang-gun, North Korea (hereinafter “instant construction”). On the same day, the Plaintiff entered into an agreement with Defendant C to pay KRW 350,000,000 for the service cost in relation to the instant construction loan.
C. On September 8, 2017, the Plaintiff made a written payment agreement with Defendant C that the Plaintiff would pay KRW 450 million at the above service cost, and that KRW 150 million should be deposited to the Defendant Company, and the remaining KRW 300 million should be paid in cash or as an apartment under construction in Kdong (hereinafter “instant housing”). D.
On November 30, 2017, the Plaintiff and Defendant Company agreed to increase the construction cost of the instant construction in KRW 2 billion, and the Defendant Company completed the construction works under the said contract, but thereafter, the Plaintiff did not pay the Defendant Company KRW 324,629,060 out of the construction cost of KRW 2 billion.
E. On December 26, 2017, L, the Plaintiff’s representative director, paid KRW 400 million to Defendant C as a performance bonus for the instant PF financing related to the instant construction project, and prepared and issued a payment certificate to the effect that the remainder KRW 300 million is promised to be paid as a loan after completion of the instant construction project.
F. Meanwhile, apart from the instant construction project, the Plaintiff completed the new construction of an urban residential housing (hereinafter “instant housing”) on one parcel outside Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant housing”), and thereafter, H Co., Ltd. (hereinafter “instant housing”).