beta
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasons for this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of the reasoning of the judgment of the court of first instance is acceptable.
2. Summary of the plaintiff's assertion
A. As the Defendant completed the instant construction work on August 31, 2017, which was from July 2, 2017, which was the date of completion of the agreement, on which 60 days had been delayed, the Defendant is obligated to pay the Plaintiff penalty of 102,60,000 won for delay (570,000,000 won for delay x 3/1,000 x 60 days for delay x 60 days for delay) arising from the delay in completion of the instant construction work.
B. The Defendant, on behalf of the Defendant, agreed on behalf of the Defendant, to return the unpaid labor cost and material cost to the Plaintiff after completion of the instant construction work, if the Plaintiff paid KRW 100 million to E, which is the Defendant’s sewage supplier (hereinafter collectively referred to as “labor cost, etc.”). Since the Plaintiff paid KRW 100 million to E with labor cost, the Defendant is obligated to return KRW 100 million to
Even if the above repayment agreement is not acknowledged, the Plaintiff would be reimbursed KRW 126,30,000,000 in excess of KRW 126,30,000, which was ordered to pay under the instant settlement agreement upon receiving a direct demand for payment of labor expenses, etc. from E on August 11, 2017. On July 25, 2017, the Plaintiff agreed to pay KRW 3,500,000 to the above F on August 4, 2017 due to the Defendant’s failure to properly handle the accident involving E Workers’ industrial accident occurred on July 25, 2017. The Plaintiff paid the above money on August 7, 2017.
Therefore, the defendant is obligated to return to the plaintiff the agreed amount or the unjust enrichment of KRW 100 million.
C. In addition, the Plaintiff shall pay to the Defendant the total amount of the instant settlement agreement.