손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant who is equivalent to the money ordered to pay below.
1. In the first instance trial, the Plaintiff sought a return of 5,390,000 won for the Defendant and the Defendant’s joint Defendant Ho Ho Construction Co., Ltd., and a reimbursement of 122,571,228 won for damages or settlement of accounts against the Defendant. The court of first instance dismissed all the Plaintiff’s claims.
On the other hand, since the plaintiff appealed against the part of claiming the payment of damages or settlement amount and reduced the purport of claiming the above damages or settlement amount, the subject of the judgment of this court is limited to the part of KRW 85,004,929 (the first instance court's decision on KRW 5,390,000 as to the above unjust enrichment is justifiable).2.
A. On March 28, 2012, the Plaintiff was awarded a subcontract with the Ulsan Construction Co., Ltd. (hereinafter “Sullar Construction”), the crypryp, bee and typryp, bee and typryp, and the typrypryp, bee and typry from among the cryprypryp construction works in Seoul Seocho-gu, Seoul, and the typrypry
B. On October 11, 2012, with regard to each of the above projects subcontracted by the Plaintiff from Ulsan Construction, the Plaintiff entered into each of the two consignment contracts (hereinafter referred to as the “instant consignment agreement”) with the Defendant on the part of the other projects among the apartment construction (hereinafter “B”) on March 1, 2013 with respect to the other projects (hereinafter “C construction”). The main contents of the agreement are as follows: < Amended by Presidential Decree No. 24268, Mar. 1, 2013; Presidential Decree No. 24200, Oct. 2, 2012>
2. 1) The scope of entrusted management is to entrust the Defendant with the management work related to the other construction among the construction work performed by the Plaintiff with the prime contractor (Tuld Construction). 2) The Plaintiff shall provide the Defendant with support for the work related to the Defendant, but all the related management work related to the construction cost, including labor cost, material cost, food cost, and expenses.