부당이득금반환
1. Defendant Corporation’s Incorporated Construction Co., Ltd. shall pay to the Plaintiff KRW 50,00,000 and its interest from December 2, 2015 to the date of full payment.
1. Facts of recognition;
A. On July 20, 2015, the Plaintiff, upon introduction by Defendant A, purchased scrap metal, etc. generated at the site of demolition of building B in the Gunsan-si, for which the Defendant Company received a contract, at KRW 50,000,000. However, if the Defendant Company did not commence the removal work by August 20, 2015, the Plaintiff concluded a sales contract with the Plaintiff to return the said purchase price to the Plaintiff and cancel the contract (hereinafter “instant sales contract”).
B. According to the instant sales contract, the Plaintiff deposited KRW 50,000,000 in the Defendant Company’s account, and deposited KRW 5,000,000 in the name of the introduction fee to the Defendant A’s account.
C. However, the Defendant Company did not start the removal work until August 20, 2015.
[Ground for recognition] Defendant Company: The fact that there is no dispute over Defendant A, each entry in the evidence Nos. 2 and 3 (including the number thereof), and the purport of the whole pleadings, as a whole, that the confession is made (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination on Defendant Company
A. The Plaintiff’s assertion was that the Defendant Company did not start the aforementioned removal work until August 20, 2015, and thus, the instant sales contract was cancelled, and the Plaintiff seeks to refund KRW 50,000,000,000, paid to the Plaintiff as restitution.
B. According to the above facts of recognition, the Defendant Company did not undertake the above removal work until August 20, 2015, and on this ground, by serving the Defendant a duplicate of the complaint of this case containing the intent of the Plaintiff to rescind the instant sales contract, the instant sales contract was lawfully rescinded on December 1, 2015.
Therefore, the Defendant Company’s restitution of KRW 50,000,000, which was received pursuant to the instant sales contract, and the Plaintiff’s delivery day of a copy of the instant complaint from December 2, 2015 to the day of complete payment, as sought by the Plaintiff.