1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff filed a claim against the Defendant for damages following the cancellation of the construction contract, a claim for return of unjust enrichment for the excess-paid progress payment, and a claim based on the name holder’s liability under the Commercial Act. The court of first instance partly accepted the claim for return of unjust enrichment and dismissed all the remainder of the claim.

As to this, only the Defendant appealed (the Plaintiff appealed, but the Plaintiff’s petition of appeal was dismissed on July 23, 2014 due to failure to make correction orders). The subject of this court’s adjudication is limited to the claim for return of unjust enrichment.

2. Basic facts

A. The status of the party is a corporation with the objective of interior construction business, etc., and the defendant is the representative director of the joint defendant B (hereinafter “B”) of the first instance court for the purpose of interior construction business.

B. The Plaintiff entered into the instant construction contract with Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) awarded contract for the part of the interior decoration construction (hereinafter “the instant construction”) among the Kachite New Construction Co., Ltd. located in 885-18, the contract amount of KRW 2,704,821,300.

On August 16, 2010, the Plaintiff entered into a construction contract with the Defendant to the effect that the instant construction project was paid to the Defendant at the contract price of KRW 2,240,000,000 (excluding value-added tax); the construction period was extended on August 16, 2010; the completion date October 30, 201; and the progress payment was paid once a month (hereinafter “instant construction contract”).

C. The Plaintiff’s notification of cancellation of the construction contract and completion of the construction work are as follows: (a) the Plaintiff paid the construction cost directly to the Defendant or B; or (b) paid the completion payment by paying the direct wage or the price of supplied goods to the Plaintiff’s father or the supplier employed by the Defendant. (b) The Defendant did not receive the payment for the completed portion from the Plaintiff on September 201, and suspended the construction work around September 201.