부당이득금
1. The part concerning the principal lawsuit in the judgment of the first instance, including the Plaintiff’s claim for principal lawsuit extended at the trial.
1. Basic facts
A. On November 2, 2010 between the Plaintiff and the Plaintiff, the Defendant entered into a contract for gold production (hereinafter “instant contract”) with FINPS DIE 7 PRES DIE 2 p. 2 p.m. and FINS DIE 3/8”12 p.m. (hereinafter “instant 2 p.m.”) by no later than March 15, 201, on the condition that the price is KRW 140,000,000 ( separate value-added tax), and the down payment is KRW 70,00,000,000 remaining in cash, remaining 70,000,000,000 after the completion of trial operation and delivery of defective bonds.
B. On November 30, 2010, the Plaintiff delivered to the Defendant a promissory note with a face value of 53,900,000 won at par value, the Industrial Bank of Korea, the due date, and the due date on March 31, 201, and transferred KRW 23,10,000 in cash on December 2, 2010.
C. On April 18, 201, the Plaintiff received the instant gold punishment from the Defendant, but delayed production of the instant gold punishment No. 1, on May 4, 2011, the Plaintiff notified the Defendant of the rescission of the contract regarding the instant gold punishment No. 1 among the instant contract. Accordingly, the Defendant intended to deliver the instant gold punishment No. 1 to the Plaintiff on May 25, 201, after notifying the Defendant that the instant gold punishment was completed at least 70% on May 9, 2011, but the Plaintiff refused to accept the instant gold punishment as it was an semi-finished product not a finished product.
[Ground of recognition] The facts without dispute, Gap evidence of 3 through 7 (the evidence of provisional number includes numbers; hereinafter the same shall apply), Gap evidence of 9-1, Eul evidence of 1 to 4, Eul evidence of 6-1, and the purport of the whole pleadings
2. The Plaintiff’s assertion in the parties is the principal lawsuit, and ① The Plaintiff and the Defendant, while entering into the instant contract, reserved the right of rescission so that the Plaintiff may rescind the instant contract if the Defendant could not complete the production within the period, and the Defendant was unable to complete the production of the instant 1 gold scheme within the period.