부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant received the D Construction Work from the YY-gun, the YY-gun, the former Y-gun, and received D Construction Work.
B. On January 20, 2015, the Plaintiff entered into the first subcommittee subcontract between the Plaintiff and the Defendant (i.e., the first subcommittee subcontract between the Defendant and the Defendant) and the first subcommittee (hereinafter “instant first subcommittee subcontract”).
) A standard subcontract agreement for construction works with the content of the supply of and demand for the construction cost of KRW 2,031,00,000, and the construction period of KRW 2,000 from January 23, 2015 to June 28, 2015 (hereinafter “instant first-minute contract”).
(2) On December 14, 2015, the Plaintiff and the Defendant concluded a contract to modify the subcontract price of construction works with the purport that the construction amount of the instant first-class contract is 1,547,50,000 won and the construction period is changed from January 23, 2015 to December 18, 2015. (2) The Plaintiff completed the instant first-class construction work, and the Plaintiff received KRW 260,000,000 for progress payment on June 30, 2015 from the Gi-gun, the ordering person, and KRW 137,50,000 for progress payment on September 24, 2015, and KRW 582,58,000 for progress payment on November 23, 2015, and KRW 588,000 for completion payment on December 23, 2015, respectively.
C. On April 30, 2015, the Plaintiff entered into a second subcommittee subcontract between the Plaintiff and the Defendant (i.e., the second subcommittee subcontract between the Defendant and the second subcommittee (hereinafter “instant second subcommittee”) and the second subcommittee construction between the Defendant. The instant first subcommittee construction and the instant second subcommittee construction are collectively referred to as “each of the instant construction.”
) A standard subcontract agreement for construction works with the terms of the contract price of KRW 2,786,00,000, and the term of construction from April 30, 2015 to September 26, 2015 (hereinafter “instant second-minute contract”). The term “each of the instant contracts” refers to the instant first-minute contract and the second-minute contract.
(2) On December 22, 2015, the Plaintiff and the Defendant concluded a subcontract for construction works with the purport that the construction period of the instant secondary installment contract was changed from April 30, 2015 to May 3, 2016. (2) After the Plaintiff and the Defendant concluded a subcontract for construction works with the purport that the construction period of the instant secondary installment contract was changed from April 30, 2015 to May 3, 2016. (2) After April 19, 2016, the Plaintiff and the Defendant concluded a contract for construction works with the construction period of KRW 2,938,000,000