(영문) 제주지방법원 2016.09.30 2015가단52199

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(영문) 제주지방법원 2016.09.30 2015가단52199

부당이득금

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1. The Defendants jointly share KRW 68,465,00 with respect to the Plaintiff, and the interest rate shall be from November 21, 2015 to the date of full payment.

Reasons

Basic Facts

1) The relationship between the parties is the actual operator of Defendant C, and Defendant B is the business operator of Defendant D, and the Defendants are the married couple. 2) The Plaintiff is the owner of E and F at Jeju, and the owner who has contracted the construction of a multi-family house on the ground (hereinafter “new construction of this case”).

(1) On January 14, 2015, the Plaintiff entered into a contract with the Plaintiff on the basis and aggregate construction among the instant new construction works (hereinafter “instant foundation and aggregate construction”).

2) The provisional contract on the provisional contract (hereinafter “instant provisional contract”)

(2) On January 22, 2015, the Plaintiff entered into a contract agreement with D to pay KRW 120,000,000,000, including the pre-existing payment in advance, to pay KRW 20,000,000 (hereinafter “instant contract”). The Plaintiff entered into a contract with D to pay KRW 20,00,000,00 for the completed portion twice a month (hereinafter “instant contract”) and the main contents of the said contract are as follows.

Article 6 (Transfer of Rights and Duties) (1) No Party A (D) may transfer or succeed to any rights or obligations arising from this Agreement to a third party.

Provided, That this provision shall not apply when a written consent of the other party is obtained.

Article 25 (Cancellation and Termination of Contracts A and B) (1) In the case falling under any of the following subparagraphs, A or B may cancel or terminate the whole or part of the relevant contract when the contract is not implemented within the said period after giving a written peremptory notice to the effect of a vow by setting the period (day or month).

1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. The construction work may not be completed in the air due to any cause attributable to him, such as dishonored bankruptcy; and

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