부당이득금
1. The counterclaim Defendant Co., Ltd., 116,790,890 won, and the counterclaim Co., Ltd.
1. Basic facts
A. On December 30, 2013, the Plaintiffs entered into a subcontract for construction works with the Plaintiffs and the Defendant: (a) contracted for construction works for building C housing in Seoul, China-gu; (b) on April 18, 2014, the construction period of reinforced concrete construction works (hereinafter “instant construction works”) to the Defendant from April 18, 2014 to November 30, 2014; (c) the instant subcontract was concluded between the Plaintiff Edd comprehensive construction and the Defendant (hereinafter “instant subcontract”); and (d) on behalf of the Plaintiffs, the Plaintiff Eddddd comprehensive construction and the Defendant entered into the instant subcontract on behalf of the Defendants as joint contractors.
In lower parts, the instant subcontract is deemed to have been concluded between the Plaintiffs and the Defendant;
Article 9 (Field Agent) (1) of the subcontract of this case shall have a field agent and notify the plaintiffs in advance.
(2) An on-site agent shall reside at the construction site except where he/she is allowed to be stationed at three sites pursuant to Acts, and shall handle all matters on behalf of the defendant.
Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, the Plaintiffs or the Defendant may cancel or terminate the whole or part of the relevant contract when the contract is not performed within a reasonable period after demanding it to perform the contract in writing, setting forth a reasonable period:
1. Where the plaintiffs or the defendant is deemed unable to achieve the purpose of the contract in violation of the terms of the contract;
2. Where it is clearly recognized that construction work cannot be completed in the air due to a cause attributable to the defendant, such as dishonoring bankruptcy, etc., the following details:
B. The progress of the instant construction and the discontinuance of the primary construction are as follows.