부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, 2, 3, 5, 6, 9 (including virtual numbers; hereinafter the same shall apply);
(ii) entry in evidence Nos. 9 and 10, as well as the purport of the whole pleadings
A. On March 8, 2016, through the Gwangju Regional Government Procurement Office, the Plaintiff entered into a contract with the joint supply and demand company (hereinafter “instant contract”) in the form of joint performance (50%, 25%, and 25%, representative company: the Defendant; hereinafter “instant joint supply and demand company”) and D construction (hereinafter “instant construction”) on March 16, 2016 and September 6, 2017 (hereinafter “instant joint supply and demand company”) under which the Plaintiff entered into a contract with the Minister of Land, Infrastructure and Transport to set the construction cost as KRW 8,857,254,90 (hereinafter “instant contract”).
B. On April 2016, the Defendant entered into a contract (hereinafter “instant subcontract agreement”) with the Plaintiff, a representative company of the instant joint supply and demand company (hereinafter “the instant joint supply and demand company”) to subcontract the land construction project (hereinafter “instant joint purchase and demand company”) among the instant joint purchase and demand company (hereinafter “instant joint purchase and demand company”). The ordering person: Plaintiff contractor: Defendant subcontractor: Nonparty company.
1.In the subcontract between a contractor and a subcontractor under the above construction contract, the subcontract consideration shall be paid directly to the subcontractor in accordance with Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of
2. Method and procedure for direct payment of the subcontract price - In principle, an application shall be filed by classifying the details of the portion that the subcontractor performed and a request for the payment of the subcontract price shall be made separately at the time of the final inspection and completion inspection. In unavoidable circumstances, a contractor may also file a lump sum application and request from the subcontractor, but the subcontract price shall be directly paid to the subcontractor - An obligation for the payment of the price to the contractor and obligation for the subcontractor to pay the subcontract price to the subcontractor of the contractor shall be deemed to be extinguished
(c).