공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff’s assertion (1) around 2012, the Plaintiff completed the construction by being awarded a contract with the Defendant for a construction work for a second-story detached house in the land-based population C (hereinafter “C-house construction work”) and a construction work for a second-story detached house in the land-based in the land-based population D (hereinafter “D-house construction work”). Since the construction cost was not paid KRW 43,104,390 among KRW 93,104,390, the Defendant is liable to pay the Plaintiff the amount of KRW 43,104,390 and the delay damages therefrom.
(2) The Defendant is obligated to pay damages for damages for KRW 43,104,390 as well as damages for delay, since the Plaintiff had no intent to pay the construction cost to the Plaintiff and the Plaintiff had a profit equivalent to the unpaid construction cost by deceiving the Plaintiff as if the Plaintiff had paid the construction cost, and the Plaintiff had a loss equivalent to the same amount.
(Claims for Damages caused by Unlawful Act).
The defendant's assertion (1) did not conclude a contract to the plaintiff for the construction work of C Housing.
The owner of the C-Housing Construction Work shall be E.
The plaintiff introduced the defendant and E only.
Although it was true that the Defendant gave the Plaintiff a contract for the construction work for D houses, the Defendant paid all the construction cost.
(2) The Plaintiff’s claim for construction cost has expired.
2. Determination
A. According to the evidence No. 3 of the part of the claim for the construction cost, the Defendant paid the Plaintiff KRW 18,00,000 on August 14, 2012, ② KRW 18,000,000 on October 18, 2012, ③ KRW 10,000 on October 25, 2012, ④ KRW 2,000 on November 26, 2012, ④ KRW 2,00,000 on behalf of E (the Defendant), and said KRW 2,00,000 on November 26, 2012, KRW 3,00 on behalf of E). However, in this case where the construction contract was not prepared, only the evidence submitted by the Plaintiff, including evidence No. 3, is a house construction work.