부당이득 반환 등 청구의 소
1. The defendant shall pay to the plaintiff KRW 96,053,69 as well as 6% per annum from June 15, 2019 to February 5, 2020 and the next day.
1. Facts of recognition;
A. The Plaintiff is an operator of F, who is an executor of the business facilities and multi-household construction corporation (hereinafter “instant construction”) that was conducted from January 15, 2018 to October 30 of the same year from Gangdong-gu Seoul, Gangdong-gu, D, and E’s ground.
B. On November 20, 2018, the Plaintiff and the Defendant entered into an agreement with the Defendant to provide services by stipulating that “i) during the 50% process of construction of real estate located outside Gangdong-gu Seoul Metropolitan Government, the Defendant agreed to provide support for investment due to the business owner’s funds by the Plaintiff and his agent G, and to receive the full payment contract for officetels H and I under construction on the said address on November 20, 2018, and to provide support for KRW 210,000,000 for prior funds. This agreement is null and void if the scheduled completion of construction on December 31, 2018 is delayed and the commitment is not implemented, and if the Defendant pays KRW 310,000,000 to the Defendant by January 31, 2019, the Plaintiff agreed to return the full payment contract under H and I to the Defendant.”
C. On the same day, the Plaintiff received KRW 210,00,00 from the Defendant, and delivered an officetel I and H sales contract to the Defendant newly constructed, and the Plaintiff paid KRW 150,000,00,000, including the principal and interest until January 31, 2019, as special terms and conditions in the said I sales contract. However, as special terms and conditions in the H sales contract, the Plaintiff stated as follows: “When the Plaintiff fails to perform its promise, the goods shall be transferred to the Defendant without any terms and conditions.” However, the said H sales contract provides that “The goods shall be leased KRW 160,000,00,000 including principal and interest, shall be collected by the Plaintiff by paying KRW 160,00,00,00,000 including principal and interest by January 31, 2019.” However, at the time of the Plaintiff’s failure to perform its promise, the Plaintiff shall transfer the goods to the Defendant without any condition.”
The Plaintiff, together with G on the same day, shall be the payee, the par value of KRW 310,00,000.