손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From September 16, 2014 to September 25, 2014, the Plaintiff remitted a total of KRW 200 million to the Defendant five times.
B. From September 25, 2014 to November 11, 2014, the Defendant remitted the sum of KRW 190,690,000,000 from the Plaintiff’s KRW 200,000,000,000 from September 25, 2014, as indicated below.
On September 18, 2014, C95,000,000, Sept. 25, 2014, 2014, D (E) 4,000,000 on September 5, 2014, 200,000 on September 19, 2014; however, the Plaintiff omitted the amount from G4,400,000,000 on September 25, 2014 to G4,000,00,000,00 on September 19, 2014, and thereafter omitted the amount from G 11,50,000,000,000 on September 19, 2014 (H,00,000,000 on September 19, 2014; 10,007,017, 2017, 2017, respectively.
On September 24, 2014, J 20,000,000 J 2,000,000 on September 24, 2014, K 1,500,000 on September 27, 2014, and the aggregate of 196,90,000,000 on November 11, 2014 (based on recognition) no dispute exists; evidence Nos. 1, 2-1, 2-1, 2-1, 2-2, and the purport of the entire pleadings;
2. The parties' assertion
A. On September 2014, the Plaintiff, as the cause of the Plaintiff’s claim, gave the Defendant a contract for LAB and LAB at KRW 300 million (hereinafter “instant interior works”), and the Defendant awarded a subcontract in sequence to C (hereinafter “C”) and G Co., Ltd (hereinafter “G”).
The Plaintiff paid KRW 200 million to the Defendant as the price for the interior work of this case, and the Defendant is liable to pay KRW 16 million among them (i.e., KRW 20 million - KRW 84 million used as the price for the interior work of this case - KRW 10 million returned to the Plaintiff regardless of the interior work of this case. As such, the Defendant is liable to pay the Plaintiff the amount of KRW 16 million as compensation for tort and delay damages therefrom.
B. The defendant alleged that he was awarded a contract from the plaintiff for the instant interior works.