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1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:
Reasons
1. Basic facts
A. On March 30, 2015, the Plaintiff entered into a construction contract with the Defendant under which the Plaintiff agreed to contract the construction work of the building C located in Sejong Special Self-Governing City (hereinafter “instant construction work”) to the Defendant with the construction cost of KRW 300 million and the construction period from April 1, 2015 to June 30, 2015 (hereinafter “instant construction contract”).
The Plaintiff paid a total of KRW 210,000,000 as the construction cost of the instant case to the Defendant, but received a refund of KRW 42,00,000 from the Defendant on June 15, 2015.
B. Around September 2015, the Defendant discontinued the instant construction project, and at the time of the suspension, the period of the instant construction project would reach 40%.
C. Around September 9, 2015, the Plaintiff sent a certificate of content that “the construction work interrupted by September 15, 2015 to the Defendant” or that “the repayment of the construction cost exceeding KRW 60 million paid by September 18, 2015 to the Defendant shall have reached the Defendant around that time.”
[Reasons for Recognition: Unsatisfy Facts, Gap evidence 1, 2, Eul evidence 3, the purport of whole pleadings]
2. Determination:
A. According to the above facts finding as to the claim for return of unjust enrichment, the construction work in this case was suspended on September 2015 and thereafter thereafter, it is apparent that the Plaintiff and the Defendant have no intention to maintain the construction contract in this case. Thus, the construction contract in this case should be deemed terminated at the time the construction work in this case was interrupted. However, the payment for the completed portion equivalent to 40%, which is the base rate at the time the Defendant discontinued the construction work in this case, shall be KRW 120 million (=30 million x 0.4), and the amount that the Defendant received as the progress payment from the Plaintiff is KRW 168 million (= KRW 210 million - 42 million). Thus, the Defendant, barring any special circumstances, has the obligation to pay the Plaintiff the payment for the completed portion exceeding 168 billion won (=68 million won, 200 million won - 200 million won and delay damages).