부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
2...
1. As of the date of completion of the shipbuilding contract, the tonnage of the vessel of which is recognized: 9.77m 15m 300m 4m 250m 250.85m 250m 250m : the date of completion on September 27, 2016: Article 1 (Construction Price and Payment Conditions) of the Terms and Conditions of the Ship on December 30, 2016 (Terms and Conditions of Agreement) shall be agreed to KRW 230,00,000, and Party A and B shall pay the following amounts:
Contract deposit 20,000,000 won shall be paid on October 10, 2016.
shall be paid at the time of the occurrence of the outstanding loan.
Article 2 (Delivery of Ships), on 30 December 2016, shall be delivered.
Article 3 (Basic Matters of Ships) 15,000,000 won in balance shall be refunded to the owner 15,00,000 won in order to return to the owner 9.77 metric tons of hulls/Irons/electric/Engines. 35,000 won in hulls, hulls 35,000,000 won.
With respect to the ship inspection, the expenses shall be borne by mutual consultation and the goods and equipment necessary for the inspection shall be determined by mutual consultation.
On September 27, 2016, the Plaintiff entered into a shipbuilding agreement with the Defendant to supply the Plaintiff with the building built by the Defendant (hereinafter “instant agreement”). The main contents are as follows.
B. In relation to the payment of the price under the instant contract, the Plaintiff and the Defendant agreed to settle the remainder after subtracting the cost of building a ship from the amount that the Defendant received after the completion of the construction of a ship, from the amount that the Plaintiff received.
On November 23, 2016, the Plaintiff filed an application for a loan of KRW 500,000,000 with a corporate facility fund, and designated the Defendant as the recipient. C paid KRW 500,000,000 in total on three occasions according to the shipbuilding phase from December 16, 2016 to April 28, 2017.
C. On April 2017, the Defendant delivered the vessel built under the instant contract (hereinafter “instant vessel”) to the Plaintiff. Since May 2017, the following statement of settlement is identical to the Plaintiff.