부당이득금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning of the judgment by the court on this part of the basic facts is that of the corresponding part of the reasoning of the judgment of the court of first instance (2.18 ~4 18 e.g., the second 18 e., the main text of Article 420 of the Civil Procedure Act).
2. Claims concerning the cause of claims;
A. The Plaintiff’s assertion as to the Plaintiff’s principal lawsuit. The Plaintiff, upon cancellation of the contract, is obligated to pay the Defendant a total of KRW 726,897,435 (i.e., material cost and labor cost of the instant construction (i., KRW 335,00,00) (i.e., direct payment of KRW 378,076,924) and direct payment of labor cost of KRW 13,820,511). The Defendant’s performance of the construction work and the construction cost of the additional construction are KRW 723,00,000 (= KRW 654,50,000) and the construction cost of the additional construction is KRW 68,50,000). Accordingly, the Defendant is obligated to pay the Plaintiff a difference of KRW 3,897,435 and delay damages due to the original construction contract. ii) The Plaintiff is obligated to lend the loan to the Defendant on July 24, 2015.
3) Since the Defendant was unable to complete the instant construction by the due date for the completion of the construction, the Defendant is obligated to pay the Plaintiff the liquidated damages amounting to KRW 28,490,000 for the total 37 days from July 16, 2015 to August 21, 2015, (i) the date following the due date for the completion of the construction of the instant construction (i.e., KRW 770,000 x 1/1,000 x 37 days) and the delay damages amounting to the Plaintiff. (ii) The Defendant, substituting the defect repair, did not properly perform the horizontal work prior to the due date for the construction of the instant construction, and instead, caused the defect of rupture on the part of the instant construction of the instant construction by combining the instant construction with the actual container instead
The Plaintiff, on behalf of the Defendant, sustained total of KRW 9,830,000 (i.e., material cost of KRW 1,980,000 for labor cost of KRW 7,400,000 for labor cost of KRW 1,980,000).
In addition, the defendant's construction of the construction of this case "the Government of the 1st floor Scalcop," the part of the end of the 1st floor POS pOS in concrete beams, and the part of the 1st underground floor livestock industry.