공사대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in the statement No. 1.
The plaintiff and the defendants are both construction companies.
B. On November 24, 2010, the Defendants were jointly awarded a contract with the Korea Rural Community Corporation (hereinafter “instant construction”) for civil engineering works for the agricultural reservoir and the high-level river construction works in the field B in the area B in the Seoul Special Metropolitan City of Nowon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) in KRW 9,097,608,80.
2. The plaintiff's assertion
A. Main assertion (Liability) 1) The Plaintiff, while performing the instant construction work by entering into a subcontract with the Defendants for the instant construction work in a lump sum of KRW 6,788,540,000, was suspended on February 28, 2011 due to the Defendants’ circumstances. However, the Defendants did not pay KRW 85,374,082, out of the construction cost for the portion that the Plaintiff performed to the Plaintiff. Therefore, the Defendants jointly and severally are liable to pay to the Plaintiff KRW 85,374,082, and delay damages therefrom. 2) The Plaintiff is the head of the construction site and the Plaintiff, who is duly authorized to act on behalf of the Defendants, to enter into a subcontract for the instant construction work with C, and to perform part of the instant construction work, and the Defendants are jointly and severally liable to pay the Plaintiff the unpaid construction cost and delay damages therefrom.
B. Even if the Plaintiff and the Defendants did not conclude a contract, the Defendants were jointly and severally liable to return KRW 85,374,082 as unjust enrichment to the Plaintiff, since the Plaintiff partially performed the instant construction work and the Defendants acquired profits equivalent to the construction cost without any legal cause.
3. Determination
A. We examine the judgment as to the primary argument, the entries in Gap evidence 2 through 10 (including the number when there is a serial number), and the testimony of witness D alone. The plaintiff or the defendants are the defendants.