부당이득금반환
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 198,851.
1. Under the underlying facts, the following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1, 2, 3-5, and 4.
On June 1, 2016, the Plaintiff entered into the instant construction contract with C on June 1, 2016, where “the creation and creation of SUPPR” was the contract amounting to KRW 6,00,000 per ton of the contract amount (excluding value added tax) and the construction period from June 1, 2016 to October 31, 2016.
Of the instant construction contract, Article 20 provides that “if the Defendant fails to complete construction within the deadline for completion, the amount calculated by multiplying the contract price by the delayed rate shall be paid in cash to the Plaintiff for each day of delay,” but the proviso of the said provision provides that “the penalty for delay shall be paid in cash for each day of delay.”
B. As a special term to the contract of this case related to the scope of the contract of this case, the Plaintiff provided the Defendant with oil, such as the entirety of the sentences, SETINGBGLT, U-BOLT, RUBBBERDD, part of the RUBBERD, part of the RUBBERD, and the Defendant provided all other materials except the above non-standard materials, etc. at its own expense.
C. Meanwhile, while the instant construction work was being performed by the Plaintiff upon subcontracting, the Defendant renounced the construction work in May 2016, and entered into the instant contract with the Plaintiff. However, the Defendant’s acquisition of the labor cost incurred in the production work in May 2016 from E, and the Plaintiff’s completion of payment in June 2016.
While the Defendant continued the instant construction, on September 12, 2016, renounced the construction work with the Plaintiff’s “to waive the construction work on the basis of a low unit price difference in the cost of construction.”
The plaintiff and the defendant agreed on the unit price, etc. of the construction work, and thereafter the defendant shall execute the construction work.