물품대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning for this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
The abbreviationd names used in the judgment of the first instance court shall also be used as they are.
2. Summary of the plaintiff's assertion
A. The primary argument that the Plaintiff was unable to supply the goods of this case to the Defendant is seeking 98,752,608 won and damages for delay.
B. (1) If the Defendant collectively subcontracted the instant construction to E, and if E, other than the Defendant, is supplied with the instant goods, the Plaintiff, the subcontractor, exercises the direct right to claim under the Framework Act on the Construction Industry or the Subcontract Act, and the Defendant shall pay the Plaintiff the price of the instant goods and the damages for delay.
(2) If the Plaintiff’s direct right to claim under the Framework Act on the Construction Industry or the Subcontract Act against the Defendant is not recognized because a lump sum subcontract contract between the Defendant and E was terminated, the Defendant shall return the price of the instant goods and damages for delay as unjust enrichment for the use of the instant goods supplied by the Plaintiff.
(3) While entering into a package subcontract contract with E, the Defendant permitted E to use the Defendant’s trade name and use the instant construction work. As such, the Defendant is liable to the Plaintiff, who misleads the Defendant as the proprietor of the business, to pay the Plaintiff the price for the instant goods.
3. Determination
A. With respect to this part of the primary argument, the corresponding part of the grounds of the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, except where the testimony of the witness F is deemed to be “the testimony of the first instance witness F” as “the testimony of the witness F and the partial testimony of the witness G of the trial of the first instance.”
(b) Preliminary argument (1).