물품대금등 청구의 소
1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. Costs of lawsuit and incidental costs of appeal: Each party.
The reasons why the court of this case cited in the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance except for adding the following Paragraph 2. Thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In addition, the following shall be added to the 6th sentence of the first instance judgment, which is the 12th sentence:
The Plaintiff asserts that “the relationship between the Plaintiff and the Defendant is merely a subcontract relationship, and the subcontract amount is below the “cost” calculated as personnel expenses and material expenses, etc. due to the nature of the subcontract. However, the Plaintiff suffered damages of KRW 174,58,05,058 as the Plaintiff would have fulfilled the subcontract of this case. Therefore, the Defendant shall compensate the Plaintiff for damages equivalent to the above amount or return unjust enrichment.” As long as the Plaintiff and the Defendant concluded the subcontract of this case by setting the unit price according to the agreement between the parties, it cannot be deemed that the Defendant, the contractor, was liable to pay the Plaintiff the amount exceeding the unit price for each part to be supplied solely on the ground that the subcontract of this case has the nature of the contract. As seen earlier, with respect to the Plaintiff, including QBR, items: 847-40-40DA Q, etc., the Plaintiff and the Defendant agreed to reasonably adjust the unit price by reflecting changes in the unit price between the Plaintiff and the Defendant’s distribution of economic or labor expenses.”