beta
Text
1. The Defendant’s KRW 275,954,550 as well as 6% per annum from January 24, 2018 to October 16, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On April 20, 2017, the Plaintiff entered into a subcontract with the Defendant for the construction amount of KRW 1,270,000 (including value-added tax), “1,397,000,000 (including value-added tax)”, “from April 20, 2017 to August 23, 2017,” and “20% of advance payment” (i.e., KRW 279,40,00) (hereinafter “instant construction contract”), and thereafter, the Plaintiff and the Defendant changed the construction period of the instant construction contract from April 20, 2017 to November 30, 2017.”
B. Under the instant construction contract, the Defendant commenced the instant construction project, and the Plaintiff paid the Defendant KRW 65,40,000,000 in total, as advance payment or payment for completed portion, on April 28, 2017, and KRW 230,000,000 on August 29, 2017, and KRW 156,00,000 on September 29, 2017, and KRW 665,40,000 on September 29, 2017.
C. However, on October 23, 2017, the Plaintiff notified C University of the rescission of the contract, and on October 27, 2017, the Plaintiff notified the Defendant of the rescission of the instant contract for construction to the effect that, while explaining the aforementioned circumstances, the Plaintiff would carry out procedures for settling and settling the payments for the instant construction project with respect to the instant construction project.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s instant construction contract was rescinded. At the time of rescission, the Defendant’s price for the original construction work was calculated as KRW 265,60,00 (including value-added tax) as a result of appraisal, and as such, the amount calculated as KRW 292,116,00 (including value-added tax), the remainder of KRW 373,284,00 (i.e., KRW 665,40,000, KRW 292,116,000), which remains after deducting the payment for the said work from the total of KRW 665,40,000, which was paid by the Plaintiff as advance payment or progress payment, should be returned to the Plaintiff as unjust enrichment.
B. The defendant's work price is 325,690. The fact-finding results about the appraiser due to the error of existing appraisal.