공사대금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that, among the new construction works of the Seoul Mapo-gu Commercial Building, Defendant, C, and D, the Plaintiff contracted and accepted a contract for the construction work of KRW 250 million (hereinafter “instant construction”) among the new construction works of the Mapo-gu Seoul E-based commercial building, and that, as a result of performing the construction works under the said contract, the fixed rate of the construction work is 48.7%, and the Plaintiff sought payment for the construction work based on the fixed rate.
2. We examine the judgment, and there is no evidence to prove that the Plaintiff was directly awarded a contract for the instant construction work from the Defendant.
Rather, according to the purport of the entire pleadings, the Defendant: (a) contracted the instant construction to D; (b) subcontracted the instant construction to D; and (c) C re-subcontracted the instant construction to C.
There is no direct contractual relationship between the plaintiff and the defendant.
The plaintiff's assertion that there is a direct contractual relationship with the defendant is without merit.
Furthermore, there is no specific assertion that the Plaintiff has the right to seek a direct payment of the construction cost to the Defendant, and there is no evidence to support the above right.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.