부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company engaged in the maritime transport business, ocean-going passenger transport business, and coastal passenger transport business, and the Defendant is a company engaged in the vessel processing business, vessel manufacturing business, etc.
B. On July 20, 2016, the Plaintiff entered into a shipbuilding agreement (hereinafter “instant shipbuilding agreement”) with the Defendant for the construction of Hansan Lake (ship number: CMR-174403, hereinafter “instant vessel”). The main contents are as follows.
Both the Plaintiff (hereinafter referred to as the “project owner”) and the Defendant (hereinafter referred to as the “owner”) undertake to conclude a shipbuilding contract with respect to 150TON aSPASSPAS CAR construction works and to faithfully comply therewith.
The purpose of this contract is to place an order for the construction work indicated by the ordering person to the contracting person and to make it in conformity with the terms of the construction work.
Article III Design and Regulation 1) Design drawings shall bear the costs of the ordering person and provide the recipient with the design drawings. 2) Design costs and supervision costs shall be provided by the recipient.
3) The relevant advance payment shall be the Korea Ship Technology and Safety Authority (KST). The period of construction of this construction for the period of construction under Article 4 shall be four months from the date of commencement. The construction amount (one cash payment) construction amount under Article 5 (1): the contract amount of KRW 2,200,000 (one cash payment): the daily amount of KRW 400,000 (40,000,000) per day.
C. According to the instant shipbuilding contract, the Plaintiff paid the Defendant totaling KRW 700 million from July 25, 2016 to September 13, 2016 as down payment and progress payment for shipbuilding.
On October 27, 2016, the Plaintiff approved the amount of KRW 1 billion for personnel expenses and equipment for a 150ton vessel, which is liable to pay to the Defendant, and the said amount shall be repaid on October 30, 2016, and if the obligation under this contract is not fulfilled, there is no objection even if it is immediately subject to compulsory execution.