부당이득금
1. Of the instant lawsuit, the part concerning the claim for restitution of unjust enrichment of KRW 67,791,202, the part concerning the claim for damages, and each of them.
1. Basic facts
A. On September 14, 2015, the Plaintiff awarded a contract to the Defendant for the construction of a new factory on the ground B at Kimhae-si (hereinafter “instant construction”).
B. All contracts between the Plaintiff and the Defendant stating the instant construction cost of KRW 550,000,000, including value added tax, and all contracts indicating KRW 715,000,000,00, including value added tax.
C. The Plaintiff paid KRW 150,00,000 for progress payment on November 30, 2015, and KRW 79,000 for progress payment on February 5, 2016, and paid KRW 326,491,202 for the subcontractor on May 27, 2016.
On May 27, 2016, the Defendant asserted that the instant construction cost was KRW 715,00,000,000, and that it was not paid KRW 126,859,680 among them, and filed a lawsuit against the Plaintiff for the claim for construction cost (hereinafter “previous lawsuit”) against the Plaintiff under the Changwon District Court 2016Kadan107823, which was issued a provisional attachment order on the Plaintiff’s real estate as the Changwon District Court 2016Kadan10754, the Plaintiff and the Defendant paid the subsidies, etc. additionally to the subcontractor, etc. on June 20, 2016, the Defendant withdrawn the previous lawsuit against the Plaintiff and terminated the provisional attachment, and agreed that all payment relations should be terminated without any civil or criminal objection between the Plaintiff and the Defendant in connection with the instant construction work in the future.
(hereinafter referred to as the “instant agreement,” and the “A” here refers to the Plaintiff and the “B,” the Defendant). CD EF G GH I CDF G HJJ LKB B
E. At the same time, the Plaintiff and the Defendant approved that the obligation to pay the construction price to the Defendant was KRW 88,322,938, as stated in the instant agreement on June 20, 2016, and the Plaintiff paid damages for delay at the rate of 15% per annum if the repayment was delayed. In the event of default, the Plaintiff and the Defendant recognized compulsory execution. The instant authentic deed is “not more than the authentic deed with the content that compulsory execution is accepted.”