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Reasons
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(영문) 대구지방법원 2016.05.04 2014나22435
부당이득반환 등
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 2014, the Plaintiff entered into a subcontract agreement (hereinafter “instant contract”) with the Defendant and the Plaintiff on the cost of construction for temporary works, soil works, steel works, and concrete works (hereinafter “instant construction works”) among the construction works for the third floor building of neighborhood living facilities in North Korea that were contracted to the Plaintiff (hereinafter “instant construction works”) and the construction period from January 16, 2014 to March 30, 2014.

B. The Plaintiff and the Defendant entered into the instant contract under a special agreement to reduce the amount of the construction contract when the Plaintiff pays the steel contract amount from the construction contract amount.

C. On March 17, 2014, the Defendant suspended the instant construction work.

D. From January 22, 2014 to March 17, 2014, the Plaintiff paid the Defendant a total of KRW 80,870,000 ( KRW 20,000,000 on March 17, 2014, which was requested by the Defendant for the advance payment of labor costs).

E. From February 4, 2014 to March 21, 2014, the Plaintiff paid KRW 35,000,000 to C with the supply price for steel related to the instant construction. From March 17, 2014, the Defendant suspended construction, and paid KRW 40,029,550 with the supply price for ready-mixed until March 17, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1 to 6, 3, 4-1 to 3, 5, 9-1 and 15, Eul evidence 1-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) Plaintiff’s assertion (1) paid 60,870,000 won to the Defendant as construction cost, and paid 78,000,000 won to the Defendant with the steel bars and ready-mixeds on behalf of the Defendant. The Defendant’s construction work progress rate is 40% and is merely 33,270,000 won [the total amount paid = 138,870,000 won-the total construction contract amount of KRW 240,000,000 (value 9,600,000)].

② The Plaintiff paid 20,000,000 won to the Defendant in advance, and paid 17,790,000 won to the Defendant on behalf of the Defendant.

③ The construction of this case was delayed.

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