부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
On May 2, 2017, the Defendant-affiliated B business office publicly announced the electronic bid (hereinafter referred to as “instant bidding”) on the sale of dredging soil by the E storage facilities located in the area of D (hereinafter referred to as “E storage facilities”) located in the area of the said facilities (hereinafter referred to as “E storage facilities”) on May 2, 2017, and held the site site conference explaining the location of the E storage facilities, the quality of dredging soil, etc. (hereinafter referred to as “instant site site conference”).
On May 17, 2017, the Plaintiff participated in the bid procedure in the instant case and was selected as the successful bidder. On May 31, 2017, the Plaintiff concluded a contract for dredging land for the E storage (hereinafter “instant contract”) with the content that he/she would purchase dredging soil of KRW 25,016,50,000 ( KRW 8,880,00 in cubic meters per one cubic meter).
On May 31, 2017, the Plaintiff paid KRW 2,501,650,400 of the sales price as the contract bond under the instant contract.
However, the Plaintiff did not pay the first installment by June 30, 2017 stipulated in the instant contract, and the B Office urged the Defendant to perform the contract two times on July 4, 2017 and July 12, 2017, and notified the termination of the instant contract on the grounds of the Defendant’s breach of contract (non-payment and non-submission of performance payment guarantee insurance policy) on July 25, 2017, and notified the Defendant of the revenue measures for the contract deposit, restriction on the participation of unjust enterprisers in bidding, etc.
On the other hand, on December 31, 2015, the business office entered into a contract with the F organization to sell dredging 2,383,398 cubic meters of the H storage place located in G G G in the form of a free contract with the F organization on December 31, 2015, and the sale price agreed that the sale price shall be the average of the appraisal values of the two appraisal corporations designated by the Defendant.
B On June 20, 2017, after the instant contract, the business office entered into a contract with the F organization on June 20, 2017 to sell dredging soil at KRW 4,830 per 1 cubic meter (hereinafter “instant negotiated contract”).
[Ground of recognition] dispute.