부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 2, 2014, the Plaintiff entered into a contract with the Defendant to manufacture and install concrete mixtures facilities containing cement, water, etc. (hereinafter “instant concrete mixtures facilities”) with the Defendant as KRW 170 million (in advance, KRW 50 million, the intermediate payment, KRW 50 million on June 5, 2014, and KRW 70 million after the remainder payment is completed) and paid KRW 50 million in advance.
B. The main contents of the instant special agreement are as follows.
1) The Defendant is fully responsible for civil works when the equipment conditions corresponding to the KS equipment are not fulfilled. 2) The Plaintiff is fully responsible for civil works.
3) On-site installation time is set on May 30, 2014. 4) High voltage lines will end up to a half-yearly.
5) The Defendant is up to Hoba and Convedoba. 6) The Defendant is subject to the Plaintiff’s approval.
C. On July 14, 2014, the Plaintiff urged the Defendant to cancel the contract where the Defendant did not install facilities by July 20, 2014, on the ground that the Plaintiff did not perform its duty despite the Plaintiff’s completion of all civil engineering works.
Accordingly, on July 8, 2014, the Defendant completed the Plaintiff’s manufacture of machinery equivalent to KRW 120 million, and for installation work, the Plaintiff’s primary construction work and electrical power construction work must be prior to the civil engineering work and electrical construction work. However, the Plaintiff failed to perform the construction work, and responded to the Plaintiff’s demand for the performance of intermediate payment and civil construction work.
Accordingly, on July 22, 2014, the Plaintiff sent to the Defendant a content certification to the effect that the instant contract will be deemed to be rescinded if the machinery is not installed under the instant contract by July 31, 2014 (hereinafter “instant rescission notice”).
[Grounds for Recognition] Facts without dispute, Gap evidence 1, 3, 4, and Eul evidence 1 (including each number), and arguments.