손해배상(건)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation on this part of the facts of recognition is the same as the part corresponding to the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure
2. The Plaintiff alleged that the Plaintiff entered into the instant subcontract with the Defendant, and paid the construction cost comprehensively according to the area of the said subcontract. Since the said construction cost includes both wages, meal expenses, and equipment rental fees for labor personnel, the Defendant is obligated to pay the said wages, meal expenses, equipment rental fees, etc. directly.
However, around September 6, 2016, the Defendant temporarily set aside the construction site of this case.
In order to continue the instant construction, the Plaintiff paid 34,576,00 won to the Defendant’s employees and 11,306,000 won for meal expenses, which the Defendant paid to the Defendant on behalf of the Defendant. The Plaintiff directly paid 7,470,000 won for equipment rental regarding the instant construction.
In addition, the Plaintiff concluded an additional construction contract with respect to the portion on which the Defendant completed the construction work and disbursed the total of KRW 11,400,000.
On the other hand, when calculating the construction cost by assuming that the Defendant had completed the instant construction work, the amount is KRW 137,612,00,000. The amount is KRW 98,415,000 for the payment for the completed construction work that the Plaintiff had paid from the said construction work (= KRW 22,00,000 for the late payment of KRW 6,000,000 for KRW 57,415,000 for the payment for the completed construction work (= KRW 34,576,00 for the wages of KRW 11,306,00 for the meal expenses, KRW 11,306,00 for the equipment rental expenses, KRW 7,470,00 for the remainder of the construction work expenses due to the failure to complete the construction work, or if the Defendant deducts the above amount without any legal cause, the above amount is more than KRW 25,55,000 for the Defendant’s benefit.
Therefore, the defendant is obligated to pay to the plaintiff 25,55,000 won as unjust enrichment return and delay damages.
3. Determination
A. Whether there exists an agreement between the Plaintiff and the Defendant on the burden of meal expenses and equipment rental fees, and the Defendant entered into the instant subcontract, while entering into the said subcontract.