(영문) 제주지방법원 2020.08.18 2020가단543

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(영문) 제주지방법원 2020.08.18 2020가단543

부당이득금반환등

Text

1. The Defendants shall jointly and severally serve as KRW 33,825,000 on the Plaintiff and as a result, from March 20, 2020 to August 18, 2020.

Reasons

1. Basic facts

A. On April 11, 2019, the Plaintiff awarded the following contracts to the Defendants for the remodeling project of D-BD (hereinafter “instant construction”) on the following terms:

(hereinafter “instant contract”). Contract amount: 3,000,000 won (excluding value-added tax)

2.The down payment shall be fifty percent of the total amount.

25% of the mid-term progress payment shall be the mid-term progress payment after the execution of the passenger voting and the passenger voting.

Any balance shall be treated in principle after the completion of the construction work.

- Contract deposit: 16,500,000 - Secondary progress payment: 8,250,000 won - Balance: 8,250,000 won;

4. In the event that the progress of the construction work has been interrupted or that the construction work does not proceed smoothly, the supplier shall terminate twice the down payment to the beneficiary.

6. As to the above execution, designation shall be made by June 15, 2019 as the execution period.

7. A supplier shall pay compensation for delay to a beneficiary when the period of construction works fails to be strictly observed;

(Compensation for delay for construction shall be governed by the existing Building Act). (b)

Until June 25, 2019, the Plaintiff paid the total of KRW 30,750,000 as construction cost by June 25, 2019.

C. Around November 13, 2019, the Defendants recognized that the instant construction was serious defects, and agreed to complete the parts that were not constructed and the repair of defects by December 3, 2019, but failed to perform this, and issued to the Plaintiff a written waiver of the construction that renounced the instant construction.

The Defendants did not complete the construction work on the date of the promise.

[Reasons for Recognition] Gap 1 to 4 each entry (including a number of pages), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Defendants asserted are partners, and only the construction work equivalent to KRW 10,750,00 among the instant construction work has been discontinued, and thus, the said construction work should be returned to the Defendants with unjust enrichment exceeding KRW 30,750,000 paid construction cost.

The Defendants did not complete the construction work under the instant contract.

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