손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Under the basic facts, each of the following facts is not disputed between the parties, or it is recognized that Gap evidence Nos. 4-1 to 3, 9-1, 2, 11, 1, 1, 2, 2, 7, 8, 9-1, 2, 10-1, 2, 10-2, 10-1, 11, 11, 3, and 10-2, 3, and 10-1, 10 of 9-2, 3, and 11, 3, and 10-2, and 10-3, and the whole purport of the arguments as a result of the inquiry of the fact to the macro-fixed construction
The plaintiff is a person who operates D's construction floor construction business, etc., and the defendant is a person who operates E's construction floor construction business, etc.
B. From October 21, 2014 to November 21, 2011 of the same year, the Plaintiff was ordered to drop the floor from the G1st to the fifth floor in the luminous time, and the Plaintiff was ordered to give a subcontract to the Defendant, the first and second floors were awarded a subcontract to the Nonparty, and some corporations were directly engaged in the construction of cutting the floor.
C. On the other hand, the Plaintiff supplied the Defendant with the so-called labor contract that only provided labor, while the subcontractor supplied the so-called labor contract.
In addition to the above G’s floor-sloping construction subcontracted by the Plaintiff, the Defendant also supplied the floor-sloping construction from H and Mung Construction Co., Ltd. (hereinafter “Mung Construction”) in the form of labor contract, and supplied the land-sloping materials in the form of labor contract.
E. The amount of debris paid by the Plaintiff to the Iement and JC, which is ready-mixed companies, is KRW 322,107,830,000. The debris per 1 cubic meter is KRW 74,051,00,051, including value-added tax.
2. The parties' assertion
A. The Plaintiff asserts as follows as the cause of the instant claim.
(1) The third floor that the Plaintiff subcontracted to the Defendant.