공사대금반환
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
1. Judgment on the plaintiff's main claim
A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is that the Plaintiff is a legal entity that engages in the business of manufacturing sculptures, etc.; E is the Plaintiff’s employee; the Defendant is a person who engages in construction business under the trade name F (Gu G); and E. The Plaintiff is the producer and the Plaintiff’s husband. On April 24, 2017, the Daejeon Local Government Procurement Service (hereinafter “instant Boh-si Construction Work”).
B. A contract for construction cost of KRW 520 million was awarded to the Defendant, and the Defendant subcontracted the construction work, such as the distribution of sculptures and power-driven pipes during the instant construction work, to the Defendant, and the Plaintiff paid KRW 583,000,000 to the Defendant.
However, the above part of the construction work was directly constructed by E, who is an employee of E, and the defendant lent only the name of the business operator to E, and the construction work was not actually performed, and the defendant unjust enrichment of the above 5.83 million won
E on August 29, 2017, on behalf of the Plaintiff, subcontracted the foundation and ancillary civil works of the structure during the instant construction to the Defendant in the amount of KRW 36,30,000 for the construction cost, and the Plaintiff paid KRW 308,000,000 to the Defendant upon request of E.
However, since the above part of the construction work is constructed by mobilization of equipment and human resources through EI, and the Plaintiff was directly paid the relevant equipment and personnel expenses, the Defendant received the above KRW 30.8 million from the Plaintiff even though the Defendant did not actually perform the construction work, and unjust enrichment was made.
E subcontracted 19.8 million won for the Plaintiff to J Co., Ltd. during the instant construction work on behalf of the Plaintiff, and E demanded J Co., Ltd. to pay 6.6 million won for the construction price, and demanded J Co., Ltd. to pay 6.6 million won for the Defendant’s account, and require J Co., Ltd. to claim 6.6 million won for the additional construction cost for the Plaintiff.
Since the defendant did not actually perform the aforesaid microphones construction and received the above 6.6 million won from the plaintiff, the above 6.6 million won.