손해배상(기)
1. The defendant shall pay 836,300,000 won to the plaintiff and 15% per annum from January 7, 2016 to the day of complete payment.
1. Determination on the claim for restitution of unjust enrichment
A. In full view of the facts found in Gap's evidence Nos. 3 and 6, and the purport of witness E's testimony and pleading, the following facts can be acknowledged:
1) On April 19, 201, the Plaintiff: (a) between the Defendant and the Defendant, the Defendant’s 4th floor sports facilities of the F main complex building in Yangcheon-gu Seoul Metropolitan Government (hereinafter “No. 1 sports facilities”); (b)
(2) When performing interior works, a construction contract was concluded to pay KRW 2,420,00,00 in return for the performance of interior works. The Defendant paid KRW 726,00,000 in advance, including KRW 484,00,000 on April 19, 201, and KRW 484,000 on July 18, 201 (i.e., KRW 484,00,000) (i., KRW 484,000 on July 18, 201) to the Defendant. (ii) The Defendant partially performed steel bars construction among sports facilities (i.e., KRW 242,00,000). Based on the entire construction cost, the amount of progress payment for the part completed by the Defendant is KRW 304,70,000,000 in advance.
3 The Plaintiff and the Defendant agreed to terminate the construction contract for sports facilities No. 1.
B. The pre-paid payment is the pre-paid payment that the contractor pays the pre-paid construction cost to the contractor in order to ensure the smooth progress of the construction work without difficulty in securing materials and paying wages, etc., and is not the construction cost paid in relation to the specific expiration of the period, but the construction cost paid in relation to the entire construction work.
Therefore, in cases where advance payment is made in advance due to reasons such as cancellation or termination of a contract after advance payment, if advance payment is made as part of the contract payment, advance payment is made due to the nature of advance payment, and if advance payment remains late without a separate offset declaration, it will be sufficient to pay only the amount. If advance payment is appropriated for unpaid construction payment and remaining after maturity, the orderer will have the right to return the remaining advance payment.