부당이득금
1. The Defendant’s KRW 59,700,000 as well as its annual 6% from June 27, 2014 to May 14, 2015 to the Plaintiff.
1. The facts below the underlying facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 4, and Eul evidence Nos. 6 and 7, with a whole purport of the pleadings.
A. On November 15, 2013, the Plaintiff entered into a contract with the Defendant on the “C Integrative Work” with regard to the remodeling work for the second floor of reinforced concrete building located on the land of 561m2, Jingu, Changwon-si B, Changwon-si, Seoul, which is owned by the Plaintiff, and the construction work for the extension of the second floor, with regard to the amount of contract 291,50,000 won, and the completion date as of February 28, 2014.
(hereinafter referred to as the “instant construction project,” and the said construction contract is referred to as the “instant contract”). B.
With respect to the payment of the construction cost under the instant contract, the Plaintiff and the Defendant determined that ① KRW 30 million on November 15, 2013, ② KRW 50 million on December 10, 2013, ③ KRW 50 million on January 5, 2014, ④ KRW 60 million on January 25, 2014, and KRW 1.5 million on the completion date, respectively.
C. The Plaintiff paid the Defendant the construction cost of KRW 30 million on November 18, 2013, ② KRW 30 million on December 27, 2013, ③ KRW 30 million on January 6, 2014, ④ KRW 50 million on January 24, 2014.
On February 22, 2014, the Defendant demanded the Plaintiff to prepare in writing a modified contract or a written confirmation regarding the extension of the construction period due to the payment of the construction price and the change of the capacity of septic tanks, but the Plaintiff did not comply therewith, and the Defendant suspended construction.
E. On February 2014, the Plaintiff notified the Defendant that the instant contract was terminated, and the Defendant notified on March 5, 2014 that the instant contract was terminated.
F. After March 2014, the Defendant resumed the instant construction work by mutual agreement with the Plaintiff, but suspended the construction again on April 18, 2014.
G. On June 10, 2014, the Plaintiff notified the Defendant that the instant construction contract will be terminated.
2. The parties' assertion
A. The Plaintiff’s construction cost is KRW 140 million to the Defendant.