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Reasons
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(영문) 수원지방법원 2017.04.06 2015가단129904
부당이득금
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1. The Plaintiff, Defendant B, and Defendant D, together with Defendant B, KRW 57,820,00,00, respectively.

Reasons

1. Basic facts

A. C is a person who engages in construction business, etc. under the trade name of “E,” and Defendant B is a husband of “E” and is a person who actually operates “E.”

On March 27, 2015, the Plaintiff entered into a contract with Defendant B for the construction of a new detached house with the following content (hereinafter “instant construction”).

The name of a construction project: The construction period of KRW 245,00,000 for the construction of a new construction project on the second ground of the F-class F-class F-V-si: on May 31, 2015, the fixed amount of KRW 20% of the construction cost on March 30, 2015, which was completed on March 30, 2015: The intermediate payment of KRW 49,000 for the construction cost (49,00,000): the first - the amount of KRW 30% of the construction cost after the completion of the structural frame of the first floor - the amount of KRW 49,00,000 for the construction cost after the completion of the structural construction - the amount of KRW 20% for the construction cost of KRW 49,00,000 for the third-class work - the construction cost of KRW 49,00 for the construction cost of KRW 49,00,000 for the construction work before the completion

B. Defendant B failed to complete the construction of the instant new housing after May 31, 2015, which was the scheduled date of completion of the instant construction, and the construction was suspended on June 2015.

C. Accordingly, on July 12, 2015, the Plaintiff urged the progress of the instant construction work by content-certified mail and demanded Defendant B to find out Defendant B, Defendant B will resume the construction work on July 17, 2015, and the Plaintiff will be liable for damages incurred to the Plaintiff due to the next unfaithful progress. D.

From March 28, 2015 to July 3, 2015, the Plaintiff paid KRW 220,500,000 as the construction price of the instant construction project to Defendant B, thereby paying KRW 90% of the total construction price.

However, until July 2015, the progress of the instant construction project by Defendant B was only about 41% of the total construction.

E. around that time, Defendant B is the remainder of 10% for the Plaintiff.

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